Morton, J.R.C. v Franks, M. & Ors [1995] FCA 498

Morton, J.R.C. v Franks, M. & Ors [1995] FCA 498

The appeal lacked merit because leave to adduce fresh evidence was refused, and the findings of the trial judge regarding the beneficial ownership of shares were inevitable and directly reflected unchallenged evidence.

Jurisdiction
Australia
Judgment Date
23 May 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
['leave to Adduce Fresh Evidence' 'beneficial Ownership of Shares' 'declarations of Trust']
[] ['leave to Adduce Fresh Evidence' 'beneficial Ownership of Shares' 'declarations of Trust']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether leave to adduce fresh evidence should be granted' "Whether trial judge's findings on beneficial ownership of certain shares were correct"]

Ratio Decidendi

The appeal lacked merit because leave to adduce fresh evidence was refused, and the findings of the trial judge regarding the beneficial ownership of shares were inevitable and directly reflected unchallenged evidence.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']