Telstra Corporation Limited v Slater and Slater v Telstra Corporation Limited [2001] FCA 667

Telstra Corporation Limited v Slater and Slater v Telstra Corporation Limited [2001] FCA 667

Because Mr Slater was acting for himself and lived in the United Kingdom, it was appropriate for the appeal to be conducted by written submissions only. The request to admit further evidence had to be dealt with by the Full Court, with affidavit material and submissions directed accordingly. The costs order was stayed because the outcome of the appeal may affect entitlement to that order.

Jurisdiction
Australia
Judgment Date
05 June 2001
Procedural Posture
Notices of Motion in Respect of an Appeal / Application for Appeal to Be Heard on the Papers or by Written Submissions, Application to Admit Further Evidence, and Application for Stay of Costs Order
Outcome
Both notices of motion were allowed; the appeal was ordered to be heard by way of written submissions; the costs order was stayed until determination of the appeal.
Legal Topics
['federal Court Appeal Procedure' 'written Submissions' 'further Evidence on Appeal' 'stay of Costs Order' 'administrative Appeals Tribunal Review']
['civil Procedure' 'administrative Law'] ['federal Court Appeal Procedure' 'written Submissions' 'further Evidence on Appeal' 'stay of Costs Order' 'administrative Appeals Tribunal Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notices of Motion in Respect of an Appeal / Application for Appeal to Be Heard on the Papers or by Written Submissions, Application to Admit Further Evidence, and Application for Stay of Costs Order

Legal Issues

  1. 1 ['Whether the appeal should be heard on the papers or conducted by written submissions only because Mr Slater resides in the United Kingdom and acts for himself.' 'Whether further evidence in the form of an appendix to a medico-legal/employability report dated 4 September 1998 should be admitted in the appeal.' 'Whether the costs order in favour of Telstra Corporation Limited should be stayed pending determination of the appeal.']

Ratio Decidendi

Because Mr Slater was acting for himself and lived in the United Kingdom, it was appropriate for the appeal to be conducted by written submissions only. The request to admit further evidence had to be dealt with by the Full Court, with affidavit material and submissions directed accordingly. The costs order was stayed because the outcome of the appeal may affect entitlement to that order.

Court Disposition

Both notices of motion were allowed; the appeal was ordered to be heard by way of written submissions; the costs order was stayed until determination of the appeal.

Orders

  • ['The notice of motion filed 10 April 2001 in Q 292/99 be allowed.' 'The notice of motion filed 20 March 2001 in Q 52/01 be allowed.' 'The appeal be heard by way of written submissions.' 'The order for costs made on 4 April 2001 on file Q 292/99 be stayed until the determination of appeal Q 52/01.']