The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust (ACN 083 629 225) v Lenard's Pty Ltd (ACN 010 711 145) (No.2) [2004] FCA 1310

The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust (ACN 083 629 225) v Lenard's Pty Ltd (ACN 010 711 145) (No.2) [2004] FCA 1310

In the interests of justice, and given the mutual misunderstanding between all parties and the Court as to the scope of the damages claim, the evidence should be re-opened to allow further submissions and evidence on the discrete issue of the applicants' claim for salary and superannuation foregone, but not to revisit the capital loss in relation to the cross-claim.

Parties
First Applicant: The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust (ACN 083 629 225); Second Applicant: Bryan William Baker; Third Applicant: Beverly Ann Baker; First Respondent: Lenard's Pty Ltd (ACN 010 711 145); Second Respondent: The Poultry Shop Leasing (SA) Pty Ltd (ACN 060 052 020); Third Respondent: Poulet Frais Pty Ltd (ACN 059 852 265); Fourth Respondent: Richard Hamood
Jurisdiction
Australia
Judgment Date
13 October 2004
Procedural Posture
Civil / Post Judgment, Pre Orders; Application for Re Opening to Address Quantum of Damages
Outcome
Re-opening of evidence permitted on the discrete issue of salary and superannuation foregone; respondents to notify within 14 days if they wish to recall/apply further evidence; not permitted to re-open on the cross-claim capital loss issue; further submissions on procedure and costs invited.
Legal Topics
Re Opening Case, Quantification of Damages, Misleading Conduct
Practice and Procedure Trade Practices Re Opening Case Quantification of Damages Misleading Conduct

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Parties

The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust (ACN 083 629 225)

First Applicant

Bryan William Baker

Second Applicant

Beverly Ann Baker

Third Applicant

Lenard's Pty Ltd (ACN 010 711 145)

First Respondent

The Poultry Shop Leasing (SA) Pty Ltd (ACN 060 052 020)

Second Respondent

Poulet Frais Pty Ltd (ACN 059 852 265)

Third Respondent

Richard Hamood

Fourth Respondent

Procedural Posture

Civil / Post Judgment, Pre Orders; Application for Re Opening to Address Quantum of Damages

Legal Issues

  1. 1 Whether the Court should permit re-opening of evidence to address additional heads of damages after reasons for judgment but before formal orders
  2. 2 Whether interests of justice require further argument to be permitted where both Court and respondents misunderstood scope of damages claim

Ratio Decidendi

In the interests of justice, and given the mutual misunderstanding between all parties and the Court as to the scope of the damages claim, the evidence should be re-opened to allow further submissions and evidence on the discrete issue of the applicants' claim for salary and superannuation foregone, but not to revisit the capital loss in relation to the cross-claim.

Court Disposition

Re-opening of evidence permitted on the discrete issue of salary and superannuation foregone; respondents to notify within 14 days if they wish to recall/apply further evidence; not permitted to re-open on the cross-claim capital loss issue; further submissions on procedure and costs invited.

Orders

  • Re-opening of evidence permitted limited to the merits of the claim for salary and superannuation foregone.
  • Respondents given 14 days to notify the Court and applicants' solicitors whether they wish to recall witnesses or adduce further evidence limited to that issue.