Soufflet Beheer v AWB Limited [2006] FCAFC 139 (21 August 2006)

Last Updated: 2 November 2006

FEDERAL COURT OF AUSTRALIA

Soufflet Beheer v AWB Limited [2006] FCAFC 139

SOUFFLET BEHEER v AWB LIMITED (ACN 081 890 459)
VID 166 OF 2006

MARSHALL, NORTH and WEINBERG jJ
21 AUGUST 2006
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 166 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SOUFFLET BEHEER Appellant
AND:	AWB LIMITED (ACN 081 890 459) Respondent

JUDGE:	MARSHALL, NORTH AND WEINBERG JJ
DATE OF ORDER:	21 AUGUST 2006
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.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 166 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SOUFFLET BEHEER Appellant
AND:	AWB LIMITED (ACN 081 890 459) Respondent

JUDGE:	MARSHALL, NORTH AND WEINBERG JJ
DATE:	21 AUGUST 2006
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

MARSHALL J

1	I agree with the reasons for judgment of North J.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 166 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SOUFFLET BEHEERAppellant
AND:	AWB LIMITED (ACN 081 890 459)Respondent

JUDGE:	MARSHALL, NORTH AND WEINBERG JJ
DATE:	21 AUGUST 2006
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.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 166 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SOUFFLET BEHEERAppellant
AND:	AWB LIMITED (ACN 081 890 459)Respondent

JUDGE:	MARSHALL, NORTH and wEINBERG jJ
DATE:	21 AUGUST 2006
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

WEINBERG J

8	I also agree with the reasons for judgment of North J.

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

Counsel for the Appellant:	Mr MLD Einfeld QC and Mr KL Andronos
Solicitor for the Appellant:	Dibbs Abbott Stillman
Counsel for the Respondent:	Mr PJ Riordan SC and Mr HNG Austin
Solicitor for the Respondent:	Homan Fenwick & Willan
Date of Hearing:	21 August 2006
Date of Judgment:	21 August 2006