Toll Holdings Ltd v Stewart [2016] FCA 1106

Toll Holdings Ltd v Stewart [2016] FCA 1106

Because the most appropriate procedural course had not been finally determined and should be decided by the allocated appeal bench, the parties were directed to file short submissions identifying the objection to the restitutionary remedy issue and whether it should be disposed of by a single judge before the appeal or dealt with in the appeal.

Jurisdiction
Australia
Judgment Date
05 September 2016
Procedural Posture
Appeal / Procedural/case Management Orders Before Appeal Hearing
Outcome
Procedural orders made; question of costs reserved.
Legal Topics
['appeal Procedure' 'restitutionary Remedy' 'stoppage in Transitu' 'conversion' 'commercial Contracts, Banking, Finance and Insurance']
['practice and Procedure' 'commercial and Corporations'] ['appeal Procedure' 'restitutionary Remedy' 'stoppage in Transitu' 'conversion' 'commercial Contracts, Banking, Finance and Insurance']

Case Brief

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Procedural Posture

Appeal / Procedural/case Management Orders Before Appeal Hearing

Legal Issues

  1. 1 ['Whether the second respondent can seek a restitutionary remedy against the first and third respondents in the appeal after the first and third respondents had submitted to the appeal.' "Whether the issue raised by paragraphs [24] and [25] of the second respondent's outline of submissions should be dealt with by a single judge before the appeal or as part of the appeal."]

Ratio Decidendi

Because the most appropriate procedural course had not been finally determined and should be decided by the allocated appeal bench, the parties were directed to file short submissions identifying the objection to the restitutionary remedy issue and whether it should be disposed of by a single judge before the appeal or dealt with in the appeal.

Court Disposition

Procedural orders made; question of costs reserved.

Orders

  • ["The first and third respondents (the DSE parties) file and serve within 7 days a document no more than 3 pages identifying the basis of objection to paragraphs [24] and [25] of the second respondent's outline of submissions and a proposed procedural mechanism for the disposition of issues raised by paragraphs [24]...