Recent Cases

Scholes v Commonwealth of Australia [2022] FCAFC 132 (08 August 2022) (Logan, Katzmann and Goodman JJ)


Catchwords:


TORTS – tort of false imprisonment – where appellant was kidnapped in Nigeria and released after payment of ransom — where consular assistance provided for his safe return to Australia but appellant alleged that he was taken and held against his will — where appellant’s account contrary to accounts of all other witnesses at trial and inconsistent with contemporaneous records —whether in rejecting his account primary judge fell into appealable error

PRACTICE AND PROCEDURE – application to adduce further evidence on appeal – where after notice of appeal filed, subpoena issued to Commissioner of Australian Federal Police for production of telephone records and records produced, whether leave should be granted to appellant to tender those records

PRACTICE AND PROCEDURE – adjournment application – where, after production of the subpoenaed records, appellant applied for an adjournment of the appeal so he could issue further subpoenas, whether adjournment should be granted