Bhagat v Global Custodians Ltd [2002] FCA 1296

Bhagat v Global Custodians Ltd [2002] FCA 1296

Leave is granted to appellant to file supplementary appeal books consisting of five bundles before Branson J, as not opposed by respondent; material not before court below may only be admitted in accordance with Order 52 rule 36.

Parties
Appellant: Hari Bhagat; Respondent: Global Custodians Limited
Jurisdiction
Australia
Judgment Date
14 October 2002
Procedural Posture
Appeal / Motion During Appeal
Outcome
leave partly granted, motion otherwise dismissed
Legal Topics
Sequestration Order, Appeal Management, Supplementary Evidence, Appeal Books
Bankruptcy Sequestration Order Appeal Management Supplementary Evidence Appeal Books

Case Brief

Summary, issues, holding and outcome

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Parties

Hari Bhagat

Appellant

Global Custodians Limited

Respondent

Procedural Posture

Appeal / Motion During Appeal

Legal Issues

  1. 1 Whether Appeal Papers prepared by the respondent excluded documents necessary for appeal hearing
  2. 2 Whether the appellant should be allowed to file supplementary appeal books with additional documents
  3. 3 Whether material not before the original court can be admitted on appeal

Ratio Decidendi

Leave is granted to appellant to file supplementary appeal books consisting of five bundles before Branson J, as not opposed by respondent; material not before court below may only be admitted in accordance with Order 52 rule 36.

Court Disposition

leave partly granted, motion otherwise dismissed

Orders

  • Leave granted to file appellant's notice of motion instanter
  • Leave granted to appellant to file supplementary appeal books in the form of five bundles before Branson J