Echo Publications Pty. Ltd. v. Tucker & Ors. Fast Buck$ v. Tucker & Anor [2007] NSWCA 170

New South Wales Court of Appeal

CITATION: Echo Publications Pty. Ltd. v. Tucker & Ors. Fast Buck$ v. Tucker & Anor [2007] NSWCA 170

HEARING DATE(S): 18 June 2007

JUDGMENT DATE: 18 July 2007

JUDGMENT OF: Mason P at 1; Hodgson JA at 2; McColl JA at 56

DECISION: 1. In the Echo Publications appeal, there is to be a further hearing on the s.22 issues; and the costs of the application are to be costs in the further hearing. 2. In the Fast Buck$ appeal, there is to be a further hearing in relation only to matters consequential on the further hearing of the Echo Publications appeal; and the costs of his application are to be costs in the further hearing. 3. Submissions by Echo Publications and by Fast Buck$ to be provided within 21 days, submissions by Mr. Tucker to be provided within a further 21 days, and submissions strictly in reply to Mr. Tucker's submissions to be provided within a further 14 days. 4. Matter placed into the Registrar's list to be given a hearing date in October 2007.

CATCHWORDS: PRACTICE - Re-opening decisions - Whether denial of procedural fairness - Whether misapprehension of facts or law

Autodesk Inc. v. Dyason No.2 (1993) 176 CLR 300 Hoecheong Products Limited v. Cargill Limited [1995] 1 WLR 404 CASES CITED: McVeigh v. Willara Pty. Ltd. (1985) 6 FCR 587 Ozmanian v. The Minister (1996) 137 ALR 103 Telstra Corporation Ltd. v. Kendall (1995) 55 FCR 221

Echo Publications Pty. Ltd. - appellant PARTIES: Ross Tucker - 1st respondent Fast Buck$ - 2nd respondent

FILE NUMBER(S): CA 40761/05; CA 40061/06

Mr. B. McClintock SC for the appellant COUNSEL: Mr. T. Hale SC with Mr. M. White for 1st respondent Mr. Fast Buck$ appeared in person