Keayes, Peter John & Ors v Searle, Bronwyn Ann & Ors [1995] FCA 921

CATCHWORDS PRACTICE AND PROCEDURE - Leave to recall witnesses for further cross-examination refused - No denial of fair trial.

APPEALS - Whether leave should be given to adduce fresh evidence - Reasonable diligence of the party would have enabled discovery of the evidence at trial.

APPEALS - Power of appellate court to set aside findings of fact - Findings of fact not glaringly improbable nor inconsistent with facts incontrovertibly established by the evidence.

JUDGMENTS AND ORDERS - Orders made by trial judge inconsistent with findings of fact - Denial of opportunity to be heard to persons affected by the orders - Uncertainty as to the effect of foreign law on enforceability - Orders set aside. GPI Leisure Corp. Ltd v Herdsman Investments Pty Ltd (No.3) (1990) 20 NSWLR 15. Devries v Australian National Railways Commission (193) 177 CLR 472. Orr v Holmes (1948) 76 CLR 632. Commonwealth Bank of Australia v Quade (1991) 178 CLR 134. Ware v Cumberlege (1855) 20 Beav. 503; 52 ER 697. Uniting Church in Australia Property Trust (NSW) v Monsen [1978] 1 NSWLR 575. PETER JOHN KEAYES & ORS v BRONWYN ANN SEARLE & ORS NG 424 of 1995 Davies, Burchett, Sackville JJ. Sydney 17 November, 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 424 of 1995 GENERAL DIVISION ) ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: PETER JOHN KEAYES First Appellant WSB NO. 15 PTY LIMITED Second Appellant WSB NO. 17 PTY LIMITED Third Appellant AND: BRONWYN ANN SEARLE First Respondent THE GOOD OF THE WORLD FOUNDATION LIMITED Second Respondent BRISALEBE AG Third Respondent BRISALEBE AG LTD Fourth Respondent RICHARD GERARD KEAYES Fifth Respondent CORAM: DAVIES, BURCHETT, SACKVILLE JJ. PLACE: SYDNEY DATE: 17 NOVEMBER, 1995

MINUTES OF ORDER THE COURT ORDERS THAT: 1. Paragraphs 1, 2, 3, 4, 5, 6 and 10 of the orders made by Tamberlin J. on 26 May 1995 be set aside. 2. These proceedings be remitted to Tamberlin J. for determination in accordance with these reasons for judgment. 3. The appellants pay three-quarters of the costs of the first respondent, Bronwyn Ann Searle, and the second respondent, The Good of the World Foundation Ltd, of this appeal. NOTE:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.