Donkin v AGC (Advances) Ltd [1995] FCA 696

Donkin v AGC (Advances) Ltd [1995] FCA 696

No exceptional circumstances were established justifying reopening the trial or appeal. The purported new evidence concerning stop-loss mechanisms was available at the time of trial and appeal, and all parties had a fair opportunity to present evidence and arguments. The principle of finality in litigation strongly weighs against reopening, and the applications are dismissed.

Jurisdiction
Australia
Judgment Date
30 August 1995
Procedural Posture
Application to Reopen/dismiss Orders and Appeal Out of Time / Post Trial, Post Appeal, Application to Reopen Claims/orders
Outcome
applications dismissed
Legal Topics
['reopening Judgments' 'extension of Time' 'fresh Evidence' 'duty of Care in Currency Loans']
['civil Procedure' 'negligence'] ['reopening Judgments' 'extension of Time' 'fresh Evidence' 'duty of Care in Currency Loans']

Case Brief

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Procedural Posture

Application to Reopen/dismiss Orders and Appeal Out of Time / Post Trial, Post Appeal, Application to Reopen Claims/orders

Legal Issues

  1. 1 ['Does the Federal Court have jurisdiction to reopen a judgment/order after it has been entered, in absence of fraud, based on alleged new evidence?' 'Are there exceptional circumstances that justify reopening the trial or appeal?' 'Did all parties have a fair opportunity to adduce evidence at trial?' 'Would the purported new evidence on stop-loss mechanisms have materially affected the outcome?']

Ratio Decidendi

No exceptional circumstances were established justifying reopening the trial or appeal. The purported new evidence concerning stop-loss mechanisms was available at the time of trial and appeal, and all parties had a fair opportunity to present evidence and arguments. The principle of finality in litigation strongly weighs against reopening, and the applications are dismissed.

Court Disposition

applications dismissed

Orders

  • ['The applications be dismissed.' "The first-named applicant pay the respondent's costs."]