Toll Holdings Ltd v Stewart [2016] FCA 1106

FEDERAL COURT OF AUSTRALIA

Toll Holdings Ltd v Stewart [2016] FCA 1106 File number: NSD 484 of 2016

Judge: ALLSOP CJ

Date of judgment: 5 September 2016

Catchwords: PRACTICE AND PROCEDURE – where the first and third respondents, having submitted to the appeal, submit that the second respondent cannot seek a restitutionary remedy against them – whether issue is to be decided as part of the appeal or heard by a single judge – parties ordered to put on submissions on this issue for consideration by appeal bench

Cases cited: Toll Holdings Ltd v Stewart [2016] FCA 256

Date of hearing: 5 December 2015

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 8

Counsel for the Appellants: Mr G Nell SC

Solicitor for the Appellants: Holman Fenwick Willan

Counsel for the First and Third Respondents: Mr A M Stewart SC

Solicitor for the First and Third Respondents Norton Rose Fulbright Australia

Counsel for the Second Respondent : Mr E Cox

Solicitor for the Second Respondent HWL Ebsworth Lawyers

ORDERS NSD 484 of 2016

BETWEEN: TOLL HOLDINGS LTD (ACN 006 592 089) First Appellant

TOLL GLOBAL FORWARDING (HONG KONG) LIMITED Second Appellant

AND: JAMES HENRY STEWART AND JIM SARANTINOS AND RYAN REGINALD EAGLE IN THIER CAPACITY AS JOINT AND SEVERAL RECEIVERS AND MANAGERS OF DICK SMITH ELECTRONICS PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) First Respondent