Spalla v St George Motor Finance Ltd (ACN 007 656 555) [2004] FCA 554

Spalla v St George Motor Finance Ltd (ACN 007 656 555) [2004] FCA 554

Having regard to all matters, including the sufficient relevance of s 127 ASIC Act and the ability to remedy any prejudice by allowing respondents adequate time and costs, the Court granted leave for the supplementary submissions to be filed and served on terms, distinguishing this interlocutory context from appellate proceedings where strict finality applies.

Parties
First Applicant: Anthony Patrick Spalla; Second Applicant: Andrew David Bentley Still; Third Applicant: Irlmond Pty Ltd (ACN 066 314 870) (Receivers and Managers appointed; in liquidation); First Respondent: St George Motor Finance Ltd (ACN 007 656 555); Second Respondent: St George Wholesale Finance Pty Ltd (ACN 001 834 886); Third Respondent: Andrew William Beck; Fourth Respondent: Andrew Stewart Home; Fifth Respondent: Deloitte Touche Tohmatsu; Sixth Respondent: Australian Securities and Investments Commission; Seventh Respondent: Simon Alexander Wallace Smith
Jurisdiction
Australia
Judgment Date
04 May 2004
Procedural Posture
Interlocutory Motion / Ruling on Application for Leave to File Supplementary Written Submissions
Outcome
Leave granted to applicants to file and serve supplementary submissions (dated 23 April 2004); consequential orders as to time and costs; liberty to apply.
Legal Topics
Leave to File Submissions, Supplementary Submissions, Court Discretion, Implied Undertaking, Stay of Proceedings
Civil Procedure Leave to File Submissions Supplementary Submissions Court Discretion Implied Undertaking Stay of Proceedings

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Parties

Anthony Patrick Spalla

First Applicant

Andrew David Bentley Still

Second Applicant

Irlmond Pty Ltd (ACN 066 314 870) (Receivers and Managers appointed; in liquidation)

Third Applicant

St George Motor Finance Ltd (ACN 007 656 555)

First Respondent

St George Wholesale Finance Pty Ltd (ACN 001 834 886)

Second Respondent

Andrew William Beck

Third Respondent

Andrew Stewart Home

Fourth Respondent

Deloitte Touche Tohmatsu

Fifth Respondent

Australian Securities and Investments Commission

Sixth Respondent

Simon Alexander Wallace Smith

Seventh Respondent

Procedural Posture

Interlocutory Motion / Ruling on Application for Leave to File Supplementary Written Submissions

Legal Issues

  1. 1 Whether leave should be granted to applicants to file and serve supplementary written submissions after the oral hearing and without prior leave
  2. 2 Whether the supplementary submissions concern an exceptional point warranting departure from the general rule that hearings are the time for arguments

Ratio Decidendi

Having regard to all matters, including the sufficient relevance of s 127 ASIC Act and the ability to remedy any prejudice by allowing respondents adequate time and costs, the Court granted leave for the supplementary submissions to be filed and served on terms, distinguishing this interlocutory context from appellate proceedings where strict finality applies.

Court Disposition

Leave granted to applicants to file and serve supplementary submissions (dated 23 April 2004); consequential orders as to time and costs; liberty to apply.

Orders

  • The applicants have leave to file and serve the supplementary submissions dated 23 April 2004 which are exhibit AA-86 to the affidavit of April Arslan sworn 27 April 2004 and filed herein.
  • The respondents have leave to file and serve by 11 May 2004 any written submissions and any further affidavit on which they wish to rely in answer to the supplementary submissions.