McCarthy v McIntyre [2000] FCA 409

McCarthy v McIntyre [2000] FCA 409

The notice of motion was refused because the Full Court's reasons, read as a whole, directed the primary judge to revisit only the evidence previously given and to make the necessary factual findings on that evidence. Allowing the motion would substantially reagitate lengthy, complex and bitterly contested litigation, with significant expense and the likely need for Jack McCarthy to be a central witness again, which the Court did not accept the Full Court intended.

Jurisdiction
Australia
Judgment Date
24 March 2000
Procedural Posture
Practice and Procedure; Claim for Misleading Conduct / Motion to Re Open After Partial Remitter by Full Court
Outcome
Notice of Motion dismissed.
Legal Topics
['misleading or Deceptive Conduct' 'third Party Reliance' 'remitter' 'leave to Re Open' 'further Evidence']
['practice and Procedure' 'trade Practices'] ['misleading or Deceptive Conduct' 'third Party Reliance' 'remitter' 'leave to Re Open' 'further Evidence']

Case Brief

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Procedural Posture

Practice and Procedure; Claim for Misleading Conduct / Motion to Re Open After Partial Remitter by Full Court

Legal Issues

  1. 1 ['Whether the second applicant should be granted leave to re-open his case generally and lead further evidence after the Full Court remitted part of the matter.' 'Whether, in the alternative, the second applicant should be granted leave to lead the specific evidence identified in the amended notice of motion.' "Whether the Full Court's remitter required the primary judge to make factual findings only on the evidence adduced at the trial."]

Ratio Decidendi

The notice of motion was refused because the Full Court's reasons, read as a whole, directed the primary judge to revisit only the evidence previously given and to make the necessary factual findings on that evidence. Allowing the motion would substantially reagitate lengthy, complex and bitterly contested litigation, with significant expense and the likely need for Jack McCarthy to be a central witness again, which the Court did not accept the Full Court intended.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['The Notice of Motion be dismissed.']