Russfal Pty Ltd v Tassal Ltd - [2007] TASSC 80

[2007] TASSC 80

CITATION: Russfal Pty Ltd v Tassal Ltd [2007] TASSC 80

PARTIES: RUSSFAL PTY LTD (ABN 39 083 124 565)
DOEDENS, Richard John

RAADAS SALMON PTY LTD (ABN 39 983 124 565)
RUSSELL FALLS PTY LTD (ABN 13 009 495 470)
RAADAS HOLDINGS PTY LTD (ABN 41 083 124 510)
RAADAS PTY LTD (ABN 86 079 001 761)
v
TASSAL LTD (ABN 64 009 770)
RECEIVERS & MANAGERS APPOINTED
AUSTRALIA & NEW ZEALAND BANKING GROUP LTD
(ACN 005 357 522)

TITLE OF COURT:                   SUPREME COURT OF TASMANIA (FULL COURT)
JURISDICTION:  APPELLATE
FILE NO/S:  FCA 37/2006
DELIVERED ON:  30 October 2007
DELIVERED AT:  Hobart
HEARING DATE:  20 August 2007
JUDGMENT OF:  Underwood CJ, Evans and Blow JJ

CATCHWORDS:

Procedure – Judgments and orders – Amending, varying and setting aside – General rules – "Relation-back doctrine" for amendments – Attempt to re-argue after reasons for decision given – Interest in finality of litigation – Outweighing case to reopen proceedings after judgment pronounced.

Smith v New South Wales Bar Association (1992) 176 CLR 256, Wentworth v Woollahra Municipal Council (1982) 149 CLR 672, De L v Director-General, New South Wales Department of Community Services (1997) 190 CLR 207, University of Wollongong v Metwally (No 2) (1985), applied.
Aust Dig Procedure [483]

REPRESENTATION:

Counsel:
             Appellant:  S Couper QC and B Thomas
             Respondent:  J Peters SC and S Parmenter
Solicitors:
             Appellant:  Page Seager
             Respondent:  Mallesons Stephen Jaques

Judgment Number: [2007] TASSC 80
Number of paragraphs: 41

Serial No 80/2007
File No FCA 37/2006

RUSSFAL PTY LTD (ABN 39 083 124 565) RICHARD JOHN DOEDENS
RAADAS SALMON PTY LTD (ABN 39 983 124 565)
RUSSELL FALLS PTY LTD (ABN 13 009 495 470)
RAADAS HOLDINGS PTY LTD (ABN 41 083 124 510)
RAADAS PTY LTD (ABN 86 079 001 761)
v TASSAL LTD (ABN 64 009 770) RECEIVERS & MANAGERS APPOINTED AUSTRALIA & NEW ZEALAND BANKING GROUP LTD (ACN 005 357 522)

REASONS FOR JUDGMENT UNDERWOOD CJ

EVANS J
BLOW J
30 October 2007

Order of the Court

Appeal dismissed

Serial No 80/2007
File No FCA 37/2006

REASONS FOR JUDGMENT UNDERWOOD CJ

30 October 2007

The primary issue on this appeal is whether the learned judge at first instance erred when he refused to entertain further argument on behalf of the appellants ("the defendants") with respect to issues that his Honour had determined almost eight months earlier.

Circumstances leading up to the appeal

On 16 April 2003, the respondents ("the plaintiffs") commenced proceedings against five of the defendants. The dispute related to the sale of a fish farming and processing business. The sixth…

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: [2007] TASSC 80
Decision Date: 30 October 2007

CaseChat Overview and Summary

Russfal Pty Ltd brought an action against Tassal Ltd, seeking damages for alleged breaches of contract and misrepresentation. The Federal Court was tasked with determining whether the proposed amendments to the statement of claim would be allowed. The central legal issues revolved around whether the proposed amendments could relate back to the original filing date, and whether the amendments could be made after the reasons for judgment had been delivered.

The court held that the amendments sought by Russfal Pty Ltd were not permissible. It found that the "relation-back doctrine" did not apply because the amendments were not minor or technical in nature. Moreover, the court was of the view that reopening the proceedings after the reasons for judgment had been given would undermine the finality of litigation. The interest in finality of litigation outweighed the merits of reopening the proceedings.

In light of the above, the court dismissed Russfal Pty Ltd's application to amend the statement of claim. The court concluded that the application was an attempt to re-argue the case after the reasons for decision had been given, which was not appropriate. The court also noted that the case involved substantial and substantive changes that would have a significant impact on the proceedings.

Orders