Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carey v Freehills [2014] FCA 818 Citation: Carey v Freehills [2014] FCA 818
Appeal from: Carey v Freehills [2013] FCA 954
Parties: NORMAN PHILLIP CAREY and others named in the attached schedule v FREEHILLS
File number: VID 1350 of 2013
Judge: WHITE J
Date of judgment: 31 July 2014
Catchwords: PRACTICE AND PROCEDURE – re-opening hearing before judgment – new evidence – whether appellant should be permitted to re-open to admit new evidence against background of procedural defaults
Cases cited: Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Smith v New South Wales Bar Association (1992) 176 CLR 256 Spotlight Pty Ltd v NCON Australia Ltd [2012] VSCA 232
Date of hearing: 31 July 2014
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Appellants: Mr A Schlicht
Solicitor for the Appellants: Metaxas & Hager
Counsel for the Respondent: Mr D A Klempfner
Solicitor for the Respondent: Colin Biggers & Paisley Lawyers
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1350 of 2013
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NORMAN PHILLIP CAREY and others named in the attached schedule
Appellants
AND: FREEHILLS
Respondent
JUDGE: WHITE J DATE OF ORDER: 31 JULY 2014 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The oral application made by the appellants on 31 July 2014, that the hearing in this proceeding should be re-opened so as to permit Mr Carey's affidavit of 29 July 2014 to be read, is refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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