Cappello & Anor v Scrivener & Anor (No 2)

In Cappello & Anor v Scrivener & Anor (No 2), the appellants, the plaintiffs in the primary proceeding, sought orders reflecting the reasons given in the primary judgment, including the imposition of equitable compensation on the defendants. The respondents, the defendants in the primary proceeding, sought leave to re-open the case to tender documents produced on subpoena that were relevant to the quantum of equitable compensation. The Federal Court of Australia was tasked with determining these issues.

The primary legal issues the court considered were whether the first defendant, as well as the second defendant, should be liable to pay equitable compensation, and if so, the quantum of that compensation. Additionally, the court had to determine whether the respondents were entitled to leave to re-open the case to tender the subpoenaed documents, considering the adequacy of their explanation for the delay and whether exceptional circumstances existed.

The court held that both defendants were liable to pay equitable compensation. In terms of the re-opening application, the court found that the respondents had provided an adequate explanation for the delay in tendering the subpoenaed documents. The court considered the number of documents and their relevance to the quantum of compensation. While acknowledging that the delay was not ideal, the court concluded that the justice of the case required granting the respondents leave to re-open to tender the documents. The court emphasised the importance of ensuring that the quantum of compensation was accurately determined.

The final orders of the court reflected the reasons given in the primary judgment, imposing equitable compensation on both defendants. The court granted the respondents leave to re-open the case to tender the subpoenaed documents, allowing for a more accurate determination of the quantum of compensation.