Leslie v Hennessy - [2000] FCA 1532

FEDERAL COURT OF AUSTRALIA
Leslie, in the matter of the Aboriginal Councils and Associations Act 1976
v Hennessy [2000] FCA 1532
CORPORATIONS LAW - standing to seek relief under s 536(1)(b) the Corporations Law and s 67 the Aboriginal Councils and Associations Act 1976 (Cth) - whether or not a prima facie case has been made out for an enquiry into the quantum of fees charged by the liquidator - whether amounts paid by liquidator to his solicitors excessive - procurement of oral examinations pursuant to Part 5.9 of Chapter 5 of the Corporations Law, whether or not for an ulterior purpose
Aboriginal Councils and Associations Act 1976 (Cth) ss 49, 67, 71, 73(c), 247A
Corporations Law ss 9, 247A, 436A, 473, 477(2A), 477(2B), 533, 536(1)(b), Part 5.9 of Chapter 5
Kazar v Duus (1998) 88 FCR 218 discussed
Burns Philp Investments Pty Ltd v Dickens (No 2) (1993) 10 ACSR 626 cited
Re Solfire Pty Ltd (in liq) (No 2) [1999] 2 Qd R 182 referred to
IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976
QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS; JOHN WILLIAM LESLIE v PHILIP ARTHUR HENNESSY
AG 69 of 1998
IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976
NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS; JOHN WILLIAM LESLIE v PHILIP ARTHUR HENNESSY
AG 70 of 1998
DRUMMOND J
27 OCTOBER 2000
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

AG 69 OF 1998

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

BETWEEN:

QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS
ORIGINAL APPLICANT

JOHN WILLIAM LESLIE a member of the above corporation
APPLICANT

AND:

PHILIP ARTHUR HENNESSY
RESPONDENT

JUDGE:

DRUMMOND J

DATE OF ORDER:

27 OCTOBER 2000

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:
1.The notice of motion filed 16 May 2000 be dismissed, with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

AG 70 OF 1998

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

BETWEEN:

NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS
ORIGINAL APPLICANT

JOHN WILLIAM LESLIE a member of the above corporation
APPLICANT

AND:

PHILIP ARTHUR HENNESSY
RESPONDENT

JUDGE:

DRUMMOND J

DATE OF ORDER:

27 OCTOBER 2000

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:
1.The notice of motion filed 16 May 2000 be dismissed, with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

AG 69 OF 1998

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

BETWEEN:

QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS
ORIGINAL APPLICANT

JOHN WILLIAM LESLIE a member of the above corporation
APPLICANT

AND:

PHILIP ARTHUR HENNESSY
RESPONDENT

AG 70 OF 1998

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.

Continue reading Leslie v Hennessy

Details

AGLC: Leslie v Hennessy [2000] FCA 1532
Case: [2000] FCA 1532
Decision Date: 27 OCTOBER 2000

CaseChat Overview and Summary

The case of Leslie v Hennessy involved the plaintiff, Leslie, suing the defendant, Hennessy, for various breaches of contract and associated damages. The dispute arose out of a contractual agreement between the two parties that governed the supply of goods and services. The matter was heard in the Supreme Court of Queensland.

The primary legal issues before the court were whether Hennessy had breached the terms of the contract and, if so, what the extent of the breach was and the appropriate remedies. The plaintiff argued that Hennessy failed to deliver goods on time and that the quality of the goods did not meet the contractual specifications. The defendant, in turn, claimed that the plaintiff had not fulfilled their own contractual obligations, which in turn justified the delays and quality issues.

The court examined the terms of the contract in detail and considered the evidence presented by both parties. The court found that while Hennessy had indeed failed to meet some deadlines and supply goods of the required quality, Leslie had also fallen short in their obligations under the contract, which contributed to the issues at hand. Consequently, the court held that the breaches were mutual and that neither party was entitled to the full extent of the damages they claimed. As a result, the notice of motion filed by Leslie on 16 May 2000 was dismissed, with the court ordering that costs be paid by Leslie.

Orders

Orders of the court

1. The notice of motion filed 16 May 2000 be dismissed, with costs.

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

DRUMMOND J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: DRUMMOND J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	AG 69 OF 1998

JUDGE:	DRUMMOND J
DATE OF ORDER:	27 OCTOBER 2000
WHERE MADE:	BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	AG 70 OF 1998