BROOKER v FRIEND & BROOKER PTY LTD & Anor (No 2) [2008] NSWCA 129

There was no process irregularity justifying recall of the Court's reasons: the SMK loan claim was properly pleaded and ventilated as an alternative to the general accounting claim, and it was within the court's power to grant relief confined to that loan. The notion that other debts were outstanding was not argued nor supported by evidence at trial or on appeal. The application for recall was dismissed with costs.

Jurisdiction: Australia
Judgment Date: 07 May 2000
Procedural Posture: Appeal / Post Judgment Motion to Recall Reasons, Awaiting Final Orders
Outcome: Application to recall reasons dismissed with costs.
Legal Topics: ['contribution' 'fiduciary Duties' 'joint Venture Liability' 'declarations' 'appellate Procedure' 'finality of Litigation']

['equity' 'corporations Law'] ['contribution' 'fiduciary Duties' 'joint Venture Liability' 'declarations' 'appellate Procedure' 'finality of Litigation']

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Procedural Posture

Appeal / Post Judgment Motion to Recall Reasons, Awaiting Final Orders

Legal Issues

1 ['Whether the court should recall its reasons for judgment relating to a proposed declaration as to contribution to the SMK loan' 'Whether relief was outside the scope of the pleadings and case as run at trial and on appeal' 'Whether failing to address other possible debts constituted process irregularity justifying recall']

Ratio Decidendi

Court Disposition

Application to recall reasons dismissed with costs.

Orders

["Motion to recall the Court's reasons dismissed with costs." 'Direct the parties to file submissions as to final orders within 7 days.']