R Developments Pty Ltd v Forth - [2016] ACTCA 25

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:	R Developments Pty Ltd v Forth
Citation:	[2016] ACTCA 25
Hearing Date:	7 July 2016
DecisionDate:	7 July 2016
Before:	Refshauge J
Decision:	1. The directions of Deputy Registrar of 2 June 2016 be set aside. 2. In lieu, the appeal books be prepared in accordance with the draft index as filed by the appellants and filed and served on or before 12 August 2016. 3. The appellant’s summary of argument and list of authorities be filed on or before 42 days prior to the date listed for the hearing of the appeal. 4. The respondents’ summary of argument and list of authorities be filed on or before 35 days prior to the date listed for the hearing of the appeal. 5. Any reply of the appellant be filed on or before 28 days prior to date listed for hearing of appeal. 6. The parties have leave to file supplementary appeal papers containing any documents referred to in the parties’ summary of arguments that are not contained in the appeal books as filed, either by consent or, if there is no consent, then with leave of the Registrar, such appeal papers to be filed not later than 21 days prior to the listing for the hearing of the appeal or other date as directed by the Registrar. 7. The listing of 14 July 2016 be vacated. 8. The costs of today’s application be reserved to the appeal court.
Catchwords:	APPEAL – JURISDICTION, PRACTICE AND PROCEURE – Preparation of appeal – appeal books – contents of appeal books – only material necessary to determine appeal – issues as defined by pleadings – supplementary appeal papers permitted if necessary
Legislation Cited:	Supreme Court Act 1933 (ACT), ss 37N, 47(2) Court Procedures Rules 2006 (ACT), rr 5413, 5416, 5430, 5430(1)(c), 5431, 5432, 5433, 5606, 6256, 6256(4),
Cases Cited:	Brisciani v Piscioneri [2016] ACTCA 24 Canberra Hire Centre Pty Ltd v Koppers Wood Products Pty Ltd [2013] ACTSC 162 Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Cultivaust Pty Ltd v Grain Pool Pty Ltd (2005) 147 FCR 265 Lacey v Attorney-General of Queensland (2011) 242 CLR 573 Omari v Omari [2016] ACTCA 16 Purvis v Dairy Adjustment Authority (No 2) (2006) 150 FCR 48 R Developments Pty Ltd v Forth [2016] ACTSC 8 Settlement Wine v National and General Insurance Co (Unreported, Supreme Court of South Australia, Perry J, SCGRG 9569 1988, 27 February 1997) Sullivan v Sullivan (1901) 27 VLR 86
Texts Cited:	D Mildren, The Appellate Jurisdiction of the Courts in Australia (The Federation Press, 2015)
Parties:	R Developments Pty Ltd (Appellant) Andrew Stephen Forth (First Respondent) Ksenija Maria Nemet (Second Respondent)
Representation:	Counsel Dr A Greinke (Appellant) Mr D Robens (Respondents)
Solicitors Meyer Vandenberg (Appellant) Kamy Saeedi (Respondents)
File Number:	ACTCA 7 of 2016
Decision under appeal:	Court: Court of Appeal Before: Deputy Registrar Mutharajah Date of Decision: 2 June 2016

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 R Developments Pty Ltd v Forth

Details

AGLC: R Developments Pty Ltd v Forth [2016] ACTCA 25
Case: [2016] ACTCA 25
Decision Date: 7 July 2016

CaseChat Overview and Summary

In the matter of *R Developments Pty Ltd v Forth*, Refshauge J of the Supreme Court of the Australian Capital Territory considered an application concerning the preparation of appeal books. The dispute arose from directions given by the Deputy Registrar regarding the contents and filing of appeal materials.

The central legal issue before the court was the appropriate content of appeal books and the procedure for filing supplementary materials. Specifically, the court had to determine whether the Deputy Registrar's directions adequately reflected the principle that appeal books should contain only material necessary for the determination of the appeal, as defined by the pleadings, and whether provision for supplementary papers was sufficiently addressed.

Refshauge J reasoned that the appeal books should be prepared in accordance with the draft index proposed by the appellants, emphasizing that only material relevant to the issues raised in the pleadings should be included. The court also permitted the filing of supplementary appeal papers, either by consent or with leave, to include documents referenced in the parties' summaries of argument that were not already part of the main appeal books. This approach aimed to ensure that the appeal could be heard efficiently and effectively, with all necessary material readily available.

The court set aside the Deputy Registrar's directions of 2 June 2016 and, in lieu, ordered that the appeal books be prepared according to the appellants' draft index and filed by 12 August 2016. Further directions were made regarding the filing of summaries of argument and lists of authorities by both parties, as well as the procedure for filing supplementary appeal papers. The listing of 14 July 2016 was vacated, and the costs of the application were reserved to the appeal court.

Orders

Orders of the court

1. The directions of Deputy Registrar of 2 June 2016 be set aside.

2. In lieu, the appeal books be prepared in accordance with the draft index as filed by the appellants and filed and served on or before 12 August 2016.

3. The appellant’s summary of argument and list of authorities be filed on or before 42 days prior to the date listed for the hearing of the appeal.

4. The respondents’ summary of argument and list of authorities be filed on or before 35 days prior to the date listed for the hearing of the appeal.

5. Any reply of the appellant be filed on or before 28 days prior to date listed for hearing of appeal.

6. The parties have leave to file supplementary appeal papers containing any documents referred to in the parties’ summary of arguments that are not contained in the appeal books as filed, either by consent or, if there is no consent, then with leave of the Registrar, such appeal papers to be filed not later than 21 days prior to the listing for the hearing of the appeal or other date as directed by the Registrar.

7. The listing of 14 July 2016 be vacated.

8. The costs of today’s application be reserved to the appeal court.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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