Stewart v Biodiesel Producers Limited [2008] FCAFC 66

Stewart v Biodiesel Producers Limited [2008] FCAFC 66

The appellant had the opportunity to argue for the moulding of equitable relief at trial but did not do so. Leave to raise a new argument on appeal is refused because the issue ought to have been ventilated before the primary Judge and would require complex and time-consuming remittals. The appeal is dismissed.

Parties
Appellant: Anthony Paul Stewart; First Respondent: Biodiesel Producers Limited (ACN 099 165 876); Second Respondent: Dennis Barron
Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Rescission of Company Board Resolution, Issue of Performance Shares, Moulding Equities of Relief, Leave to Raise New Argument on Appeal
Corporations Law Practice and Procedure Rescission of Company Board Resolution Issue of Performance Shares Moulding Equities of Relief Leave to Raise New Argument on Appeal

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Parties

Anthony Paul Stewart

Appellant

Biodiesel Producers Limited (ACN 099 165 876)

First Respondent

Dennis Barron

Second Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the primary Judge erred in failing to mould the equitable relief to account for work performed by the appellant after setting aside the company board resolution and the issue of performance shares
  2. 2 Whether leave should be granted on appeal to raise a new argument not argued before the primary Judge

Ratio Decidendi

The appellant had the opportunity to argue for the moulding of equitable relief at trial but did not do so. Leave to raise a new argument on appeal is refused because the issue ought to have been ventilated before the primary Judge and would require complex and time-consuming remittals. The appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of the respondents.