Campbell v Metway Leasing Limited - [2002] FCA 213

FEDERAL COURT OF AUSTRALIA
Campbell v Metway Leasing Limited [2002] FCA 213
KEITH MALCOLM CAMPBELL and LOIS AUDREY CAMPBELL v METWAY LEASING LIMITED and ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA (INTERVENOR)
No N 1383 of 2001
SPENDER, NICHOLSON, NORTH JJ
SYDNEY
5 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 1383 OF 2001

BETWEEN:

KEITH MALCOLM CAMPBELL
FIRST APPELLANT

LOIS AUDREY CAMPBELL
SECOND APPELLANT

AND:

METWAY LEASING LIMITED
RESPONDENT

AND:

ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
INTERVENOR

JUDGE:

SPENDER, NICHOLSON, NORTH JJ

DATE OF ORDER:

5 MARCH 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The hearing date for the appeal be vacated.

2.The appeal be adjourned to a date to be fixed.

3.There be no order as to the costs of the motion.

4.The Respondent have the costs thrown away by the variation of the hearing date, to be taxed if not agreed.

THE COURT DIRECTS THAT:
1.The appellants file written submissions five clear days before the date of hearing of the appeal, those written submissions not to exceed 20 pages.

2.Any authority on which the appellants wish to rely be supplied in photocopy form to the Court with the relevant passages highlighted.

3.Submissions by the respondent and by the intervening party, again limited to 20 pages, be filed and served two clear days before the day appointed for the hearing of the appeal. Again, each of those parties is to supply to the Court photocopies of authorities on which that party wishes to rely, with relevant passages marked or highlighted.

4.If the appellants wish to contend for a chronology different from that which is exhibited to the affidavit of Mr Annis-Brown filed today, that amended chronology should accompany the filing of the written submissions.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 1383 OF 2001

BETWEEN:

KEITH MALCOLM CAMPBELL
FIRST APPELLANT

LOIS AUDREY CAMPBELL
SECOND APPELLANT

AND:

METWAY LEASING LIMITED
RESPONDENT

AND:

ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
INTERVENOR

JUDGE:

SPENDER, NICHOLSON, NORTH JJ

DATE:

5 MARCH 2002

PLACE:

SYDNEY

REASONS FOR JUDGMENT
THE COURT:

This is a notice of motion on behalf of the appellants in relation to an appeal from proceedings N1295 of 2000. The notice of motion seeks that the hearing date of the appeal (8 March 2002) be vacated; that leave be granted for short service; that the costs of the motion be costs in the cause; and such further or other orders as the Court sees fit. So far as the vacation of the hearing date is concerned, the basis for this motion is that, by what appears to be a significant and difficult to understand oversight, the availability of Mr Robert Ellicott QC, who appeared as senior counsel for each of the appellants before the primary judge, Katz J, was not secured prior to the matter being set down for 8 March 2002.
Mr Ellicott…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] FCA 213
Decision Date: 5 MARCH 2002

CaseChat Overview and Summary

In the matter of Campbell v Metway Leasing Limited, the appellants sought to appeal a decision made in the District Court of Queensland. The dispute pertains to a legal matter that was initially decided in favour of Metway Leasing Limited, the respondent, and the appellants are now challenging this decision. The case was heard in the Queensland Court of Appeal, which was responsible for hearing the appeal and determining the legal issues presented.

The primary legal issue before the Court was whether the hearing date for the appeal should be vacated and subsequently adjourned. Additionally, the Court needed to decide on the appropriate costs associated with the motion. The Court was also tasked with directing the appellants to file written submissions, along with any authorities they wished to rely on, within a specified timeframe. This included limiting the length of these submissions and requiring the highlighting or marking of relevant passages in any authorities cited.

The Court determined that the hearing date for the appeal should indeed be vacated and rescheduled to a date to be fixed. The Court also ruled that there should be no order as to the costs of the motion. However, it was decided that the respondent would bear the costs thrown away by the variation of the hearing date, with these costs to be taxed if not agreed upon. Furthermore, the Court issued directions for the appellants, the respondent, and the intervening party to file written submissions within the specified timeframe, along with any relevant authorities. These written submissions were to be limited in length and any authorities cited needed to be supplied to the Court with relevant passages highlighted or marked. If the appellants wished to contend for a different chronology than the one exhibited in the affidavit of Mr. Annis-Brown, they were instructed to include this amended chronology with their written submissions.

Orders

Orders of the court

1. The hearing date for the appeal be vacated.

2. The appeal be adjourned to a date to be fixed.

3. There be no order as to the costs of the motion.

4. The Respondent have the costs thrown away by the variation of the hearing date, to be taxed if not agreed.

THE COURT DIRECTS THAT:

1. The appellants file written submissions five clear days before the date of hearing of the appeal, those written submissions not to exceed 20 pages.

2. Any authority on which the appellants wish to rely be supplied in photocopy form to the Court with the relevant passages highlighted.

3. Submissions by the respondent and by the intervening party, again limited to 20 pages, be filed and served two clear days before the day appointed for the hearing of the appeal. Again, each of those parties is to supply to the Court photocopies of authorities on which that party wishes to rely, with relevant passages marked or highlighted.

4. If the appellants wish to contend for a chronology different from that which is exhibited to the affidavit of Mr Annis-Brown filed today, that amended chronology should accompany the filing of the written submissions.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

SPENDER, NICHOLSON, NORTH JJ

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: SPENDER, NICHOLSON, NORTH JJ

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1383 OF 2001

BETWEEN:	KEITH MALCOLM CAMPBELL FIRST APPELLANT LOIS AUDREY CAMPBELL SECOND APPELLANT
AND:	METWAY LEASING LIMITED RESPONDENT
AND:	ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA INTERVENOR
JUDGE:	SPENDER, NICHOLSON, NORTH JJ
DATE OF ORDER:	5 MARCH 2002
WHERE MADE:	SYDNEY

JUDGE:	SPENDER, NICHOLSON, NORTH JJ
DATE:	5 MARCH 2002
PLACE:	SYDNEY