Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Computer World (Victoria) Pty Ltd v Internet Centre of Excellence 2000 Pty Ltd [2006] FCA 752 PRACTICE AND PROCEDURE – whether leave to rely on further evidence on appeal should be granted EQUITY – trusts – breach of trust – written agreement creating express or implied trust – Parol evidence rule – whether oral agreement in contradiction of written agreement can be established
Federal Court Act 1976 (Cth) s 27 Trade Practices Act 1974 (Cth) s 52 Internet Centre of Excellence 2000 Pty Ltd v Computer World (Victoria) Pty Ltd [2004] FMCA 765 affirmed CDJ v VAJ (1998) 197 CLR 172 cited Jones v Dunkel (1959) 101 CLR 298 referred to Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 referred to Twinsectra Ltd v Yardley [2002] 2 AC 164 referred to Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471 applied Hoyts v Spencer (1919) 27 CLR 133 referred to BP Refinery v Hastings (1977) 180 CLR 266 referred to
COMPUTER WORLD (VICTORIA) PTY LTD v INTERNET CENTRE OF EXCELLENCE 2000 PTY LTD
VID 1445 OF 2004
WEINBERG J
16 JUNE 2006
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1445 OF 2004
BETWEEN: COMPUTER WORLD (VICTORIA) PTY LTD
APPELLANT
AND: INTERNET CENTRE OF EXCELLENCE 2000 PTY LTD
RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 16 JUNE 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for leave to rely upon further evidence be refused.
2. The appeal be dismissed.
3. The monies (including all accrued interest) deposited by or on behalf of the appellant with the respondent's solicitors in National Australia Bank Limited Account No 57-991-8581 be released forthwith to the respondent's solicitors.
4. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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