FEDERAL COURT OF AUSTRALIA
Soufflet Beheer v AWB Limited [2006] FCAFC 139
SOUFFLET BEHEER v AWB LIMITED (ACN 081 890 459)
VID 166OF 2006
MARSHALL, NORTH and WEINBERG jJ
21 AUGUST 2006
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 166 OF 2006 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
SOUFFLET BEHEER Appellant
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AND: |
AWB LIMITED (ACN 081 890 459) Respondent
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MARSHALL, NORTH AND WEINBERG JJ |
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DATE OF ORDER: |
21 AUGUST 2006 |
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WHERE MADE: |
MELBOURNE |
THE COURT ORDERS THAT:
1. Leave to amend the notice of appeal is refused.
2. The appeal is dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 166 OF 2006 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
SOUFFLET BEHEER Appellant
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AND: |
AWB LIMITED (ACN 081 890 459) Respondent
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JUDGE: |
MARSHALL, NORTH AND WEINBERG JJ |
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DATE: |
21 AUGUST 2006 |
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PLACE: |
MELBOURNE |
REASONS FOR JUDGMENT
Marshall J
1 I agree with the reasons for judgment of North J.
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I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall. |
Associate:
Dated: 11 September 2006
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 166 OF 2006 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
SOUFFLET BEHEER Appellant
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AND: |
AWB LIMITED (ACN 081 890 459) Respondent
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JUDGE: |
MARSHALL, NORTH AND WEINBERG JJ |
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DATE: |
21 AUGUST 2006 |
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PLACE: |
MELBOURNE |
REASONS FOR JUDGMENT
North J
2 The primary judge rejected the appellant’s case on two grounds.
3 One ground appeared under the heading “AWB Did Not Admit Liability” where her Honour held:
… that the reasonable reader would not have concluded that, by the fax, AWB was accepting the damages claim.
4 I agree with this conclusion for the reasons given by her Honour in [68] to [73] inclusive. Nothing useful would be added by expanding on her Honour’s reasons.
5 It follows, as accepted by senior counsel for the appellant, that the proposed new ground of appeal, namely, that her Honour should have found for the appellant on an account stated, is bound to fail. I would refuse leave to the appellant to argue this ground.
6 Although unnecessary to resolve in the light of the view just expressed, I also agree with the second basis upon which her Honour decided the case in [68].
7 I would dismiss the appeal with costs.
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I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. |
Associate:
Dated: 11 September 2006
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 166 OF 2006 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
SOUFFLET BEHEER Appellant
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AND: |
AWB LIMITED (ACN 081 890 459) Respondent
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JUDGE: |
MARSHALL, NORTH and wEINBERG jJ |
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DATE: |
21 AUGUST 2006 |
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PLACE: |
MELBOURNE |
REASONS FOR JUDGMENT
Weinberg J
8 I also agree with the reasons for judgment of North J.
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I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Weinberg. |
Associate:
Dated: 11 September 2006
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Counsel for the Appellant: |
Mr MLD Einfeld QC and Mr KL Andronos |
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Solicitor for the Appellant: |
Dibbs Abbott Stillman |
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Counsel for the Respondent: |
Mr PJ Riordan SC and Mr HNG Austin |
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Solicitor for the Respondent: |
Homan Fenwick & Willan |
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Date of Hearing: |
21 August 2006 |
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Date of Judgment: |
21 August 2006 |
