Keayes, Peter John & Ors v Searle, Bronwyn Ann & Ors [1995] FCA 921

Keayes, Peter John & Ors v Searle, Bronwyn Ann & Ors [1995] FCA 921

The challenges to the refusal to permit further cross-examination, to the trial judge's credibility-based findings, and to the refusal to receive fresh evidence failed. However, the orders requiring transfer of patent applications and confidential information to GOWFL went beyond the arrangements embodied in the Mankato declarations, which concerned shareholdings and did not contemplate vesting the technology in GOWFL. The orders also raised issues affecting the Attorney-General of New South Wales, BAG's position under Swiss law or liquidation, BAGL, investors, and possible non-parties who had not been given an adequate opportunity to be heard. Those orders therefore had to be set aside...

Jurisdiction
Australia
Judgment Date
17 November 1995
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia / Appeal From Declarations and Orders Made by Tamberlin J.
Outcome
Appeal allowed in part; paragraphs 1, 2, 3, 4, 5, 6 and 10 of the trial judge's orders were set aside and the proceedings were remitted to Tamberlin J.; appellants to pay three-quarters of the appeal costs of the first and second respondents.
Legal Topics
['recall of Witnesses for Further Cross Examination' 'fresh Evidence on Appeal' 'appellate Review of Findings of Fact' 'fiduciary Obligations' 'constructive Trust' 'natural Justice' 'orders Affecting Non Parties and Investors' 'public Charitable Purposes']
['practice and Procedure' 'appeals' 'equity' 'trusts' 'charities'] ['recall of Witnesses for Further Cross Examination' 'fresh Evidence on Appeal' 'appellate Review of Findings of Fact' 'fiduciary Obligations' 'constructive Trust' 'natural Justice' 'orders Affecting Non Parties and Investors' 'public Charitable Purposes']

Case Brief

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia / Appeal From Declarations and Orders Made by Tamberlin J.

Legal Issues

  1. 1 ['Whether the trial judge erred in refusing leave to recall witnesses for further cross-examination.' 'Whether adverse findings of fact and credit against Mr P.J. Keayes should be set aside on appeal.' 'Whether leave should be granted to adduce fresh evidence on appeal.' 'Whether the orders made by the trial judge went beyond the findings and the Mankato declarations and should have been made without notice to affected persons, including the Attorney-General of New South Wales and investors.']

Ratio Decidendi

The challenges to the refusal to permit further cross-examination, to the trial judge's credibility-based findings, and to the refusal to receive fresh evidence failed. However, the orders requiring transfer of patent applications and confidential information to GOWFL went beyond the arrangements embodied in the Mankato declarations, which concerned shareholdings and did not contemplate vesting the technology in GOWFL. The orders also raised issues affecting the Attorney-General of New South Wales, BAG's position under Swiss law or liquidation, BAGL, investors, and possible non-parties who had not been given an adequate opportunity to be heard. Those orders therefore had to be set aside...

Court Disposition

Appeal allowed in part; paragraphs 1, 2, 3, 4, 5, 6 and 10 of the trial judge's orders were set aside and the proceedings were remitted to Tamberlin J.; appellants to pay three-quarters of the appeal costs of the first and second respondents.

Orders

  • ['Paragraphs 1, 2, 3, 4, 5, 6 and 10 of the orders made by Tamberlin J. on 26 May 1995 be set aside.' 'These proceedings be remitted to Tamberlin J. for determination in accordance with these reasons for judgment.' 'The appellants pay three-quarters of the costs of the first respondent, Bronwyn Ann Searle, and the...