Dovuro Pty Ltd v Wilkins [2001] FCA 158

FEDERAL COURT OF AUSTRALIA

Dovuro Pty Ltd v Wilkins [2001] FCA 158

PRACTICE AND PROCEDURE – appeal – where party sought leave to withdraw concession made at first instance and rely upon point conceded – how matters of leave arising in course of an appeal decided – whether view of one judge sitting on appeal in favour of leave should be given effect to in orders regardless of the views of the majority PRACTICE AND PROCEDURE – whether party to proceedings bound by judgment against other party Theophanous v Herald & Weekly Times Ltd (1994) 182 CLR 104 considered Evda Nominees Pty Ltd v Victoria (1984) 154 CLR 311 considered Barclays Bank v Tom [1923] 1 KB 221 approved Crampton v The Queen (2000) 176 ALR 369 considered Romeo v Conservation Commission of Northern Territory (1998) 192 CLR 431 considered Van Gervan v Fenton (1992) 175 CLR 327 considered Tyson v Brisbane Market Freight Brokers Pty Ltd (1993) 120 ALR 1 considered Cohen v Lapin (1924) 35 CLR 247 considered Davison v Vickery's Motors Ltd (in liq) (1925) 37 CLR 1 considered Commissioner of Taxation (Cth) v Payne [2001] HCA 3 considered Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 approved H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348 approved Harris v Repatriation Commission [2000] FCA 1687 approved Eastman v R (2000) 172 ALR 39 approved State Superannuation Board v Trade Practices Commission (1982) 150 CLR 282 approved CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 approved

DOVURO PTY LIMITED v ROBERT JOHN WILKINS, EILEEN JOYCE WILKINS, TREVOR IAN WILKINS, SUSAN CAROLINE WILKINS and LOCHIEL NOMINEES PTY LIMITED AS TRUSTEE FOR THE R & E WILKINS FAMILY TRUST, ALL TRADING AS R & E WILKINS, and CROP MARKETING NEW ZEALAND SOCIETY LIMITED

N 31 OF 2000

BRANSON, FINKELSTEIN and GYLES JJ