Stone v Ebeid [2020] FCA 343

FEDERAL COURT OF AUSTRALIA

Stone v Ebeid [2020] FCA 343 File number(s): NSD 2027 of 2017

Judge(s): THAWLEY J

Date of judgment: 10 March 2020

Legislation: Federal Court of Australia Act 1976 (Cth) s 54A Federal Court Rules 2011 (Cth) r 28.67

Cases cited: Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 CPB Contractors Pty Ltd v Celsus Pty Ltd (No 2) (2018) 364 ALR 129 Oldendorff Carriers GmbH & Co KG v Tharmalingam [2019] FCA 2020 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340 VoR Environmental Australia Pty Ltd v Taset Inc (No 2) [2019] FCA 1094 Weston v Rajan [2019] FCA 1455

Date of hearing: 10 March 2020

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: No Catchwords

Number of paragraphs: 16

Counsel for the Plaintiff: Mr J Kohn

Solicitor for the Plaintiff: Stacks Law Firm

Counsel for the Defendant: Mr DC Eardley

Solicitor for the Defendant: Gardner Ekes Lawyers

Table of Corrections

23 October 2020 The following sentence has been removed from the end of the quotation in paragraph 8, and added as a new paragraph 9: "As noted by McDougall J in Chocolate Factory Apartments at [7], a referee's reasoning process must be "sufficiently disclosed" such that it can be seen "that the conclusion is not arbitrary, or influenced by improper considerations" and "that it is the result of a process of logic and the application of a considered mind to the factual circumstances proved"."