Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reynolds v Aluma-Lite Products Pty Ltd (No 2) [2010] FCA 914
Citation: Reynolds v Aluma-Lite Products Pty Ltd (No 2) [2010] FCA 914
Appeal from: Aluma-Lite Products Pty Ltd v Reynolds & Anor [2010] FMCA 122
Parties: ROSS MCKENZIE MAX REYNOLDS and MARGOT LOGAN REYNOLDS v ALUMA-LITE PRODUCTS PTY LTD ACN 009 843 832
File number: QUD 65 of 2010
Judge: LOGAN J
Date of judgment: 25 August 2010
Catchwords: APPEAL AND NEW TRIAL – Grounds of appeal relating to issues of fact not raised at trial – Whether procedurally unfair to respondent – Where respondent did not have chance to leave evidence or cross-examine witnesses as to these factual issues at trial
Held: New grounds struck out
LIMITATION OF ACTIONS – Whether the Limitation of Actions Act 1974 (Qld) s 43A has operation beyond Choice of Law characterisation
Held: Limitation of Action Act 1974 (Qld) s 43A only deals with characterisation of limitation period for Choice of Law
Legislation: Acts Interpretation Act 1954 (Qld) s 14 Bankruptcy Act 1966 (Cth) ss 40, 52 Choice of Law (Limitations Periods) Act 1996 (Qld) s 8 Limitation of Actions Act 1974 (Qld) ss 10, 12, 43A Federal Court (Bankruptcy) Rules 2006 r 2.06 Federal Magistrates Court (Bankruptcy) Rules 2006 r 2.06 Uniform Civil Procedure Rules 1999 (Qld)
Cases cited: Allman v Country Roads Board [1957] VR 581 cited Henderson v Henderson (1843) 3 Hare 100 cited John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503 cited Maxwell v Murphy (1957) 96 CLR 261 cited Moorhouse v Angus and Robertson (No 1) Pty Ltd [1981] 1 NSWLR 700 cited Munday v Australian Capital Territory (1998) 146 FLR 17 considered Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Re Jigrose Pty Ltd [1993] 1 Qd R 382 considered Reynolds v Aluma-Lite Products Pty Ltd [2009] QSC 379 cited Walsh v Law Society of NSW (1999) 198 CLR 73 considered Whisprun Pty Ltd v Dixon (2003) 77 ALJR 1598 considered
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