Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Solar Mesh Sales Pty Ltd v Anderson [2000] FCA 1256
APPEAL – fresh evidence – presentation of appeal without legal representation – questions of fact decided on oral evidence. Abalos v Australian Postal Commission (1990) 171 CLR 167 applied Devries v Australian National Railways Commission (1993) 177 CLR 472 applied Italiano v Barbaro (1993) 40 FCR 303 applied Rae v International Insurance Brokers (Nelson Marlborough) Ltd [1998] 3 NZLR 190 applied CDJ v VAJ (1998) 197 CLR 172 applied Walsh v Law Society of New South Wales (1999) 73 ALJR 1138 applied Ashmore v Corp of Lloyd's [1992] 2 All ER 486 referred to Banque Keyser Ullmann v Skandia Insurance Co [1991] 2 AC 249 referred to
AUSTRALIAN SOLAR MESH SALES PTY LTD v NEVILLE JOHN ANDERSON & ORS N 562 of 1999 BURCHETT, WHITLAM AND TAMBERLIN JJ 5 SEPTEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 562 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN SOLAR MESH SALES PTY LTD
Appellant
AND: NEVILLE JOHN ANDERSON, DANIEL RALPH SHANAHAN, JOHN GORDON HINDE, FRASER PATISON OLD, DAVID CARLYLE GRIFFITH, JOHN DAVID O'CONNOR, SIMON DUDLEY WILLIAMS AND KENNETH JOHN McINNIS T/A SPRUSON & FERGUSON
Respondents
JUDGES: BURCHETT, WHITLAM AND TAMBERLIN JJ
DATE OF ORDER: 5 SEPTEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The appeal be dismissed with costs, to include any reserved costs and the costs of the motion for adjournment heard on 1 September 2000. 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 562 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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