Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCarthy v McIntyre [2000] FCA 1250 PRACTICE & PROCEDURE – remitter – whether trial judge erred in refusing appellant leave to re-open and adduce additional evidence – whether trial judge acted upon wrong principle, took irrelevant matters into consideration, mistook the facts or failed to take into account some material consideration – whether trial judge erred in concluding that without additional evidence claims remitted by Full Federal Court for determination could not succeed TRADE PRACTICES – misleading or deceptive conduct – third party reliance – causation Trade Practices Act 1974 (Cth) ss 52, 82 Fair Trading Act 1987 (NSW) s 42
House v The King (1936) 55 CLR 499 referred to Flannery v Halifax Estate Agencies [2000] 1 All ER 373 referred to Smith v NSW Bar Association (1976) CLR 256 referred to McCarthy v McIntyre [1999] FCA 784 referred to MAXWELL McCARTHY v NEVILLE McINTYRE & ORS N 360 OF 2000 WHITLAM, EMMETT & HELY JJ 8 SEPTEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 360 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MAXWELL McCARTHY
APPELLANT
AND: NEVILLE McINTYRE
FIRST RESPONDENT
AURO ROMANO McINTYRE
SECOND RESPONDENT
NEVITORO INVESTMENTS PTY LIMITED
THIRD RESPONDENT
JUDGE: WHITLAM, EMMETT & HELY JJ
DATE OF ORDER: 8 SEPTEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 360 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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