GIBSON v COB SUPPLY CO PTY LIMITED; COB SUPPLY CO PTY LMITED v GIBSON [1996] NSWCA 209

GIBSON v COB SUPPLY CO PTY LIMITED; COB SUPPLY CO PTY LMITED v GIBSON [1996] NSWCA 209

Leave to adduce fresh evidence alleging misconduct was not granted, as such matters must be raised in separate proceedings to set aside the judgment. The application to strike out the appeal for incompetence was dismissed since the appeal was not incompetent on its face. Leave was granted to amend the notice of appeal to clarify the legal issues, and the stay of judgment was continued pending hearing of the appeal.

Parties
Appellant/respondent: Gibson; Respondent/appellant: Cob Supply Co Pty Limited
Jurisdiction
Australia
Judgment Date
01 July 1996
Procedural Posture
Appeal / Interlocutory Application/motion Within Appeal
Outcome
Applications to adduce fresh evidence and strike out the appeal dismissed; leave granted to amend notice of appeal; stay continued; costs of application to be costs in the appeal.
Legal Topics
Amendment of Notice of Appeal, Leave to Adduce Fresh Evidence, Stay of Judgment, Dismissal of Appeal as Incompetent, Procedural Fairness
Civil Procedure Workers Compensation Amendment of Notice of Appeal Leave to Adduce Fresh Evidence Stay of Judgment Dismissal of Appeal as Incompetent Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gibson

Appellant/respondent

Cob Supply Co Pty Limited

Respondent/appellant

Procedural Posture

Appeal / Interlocutory Application/motion Within Appeal

Legal Issues

  1. 1 Whether leave should be granted to amend notice of appeal
  2. 2 Whether leave should be granted to adduce fresh evidence (alleging fraud) on appeal
  3. 3 Whether appeal should be struck out for incompetence

Ratio Decidendi

Leave to adduce fresh evidence alleging misconduct was not granted, as such matters must be raised in separate proceedings to set aside the judgment. The application to strike out the appeal for incompetence was dismissed since the appeal was not incompetent on its face. Leave was granted to amend the notice of appeal to clarify the legal issues, and the stay of judgment was continued pending hearing of the appeal.

Court Disposition

Applications to adduce fresh evidence and strike out the appeal dismissed; leave granted to amend notice of appeal; stay continued; costs of application to be costs in the appeal.

Orders

  • Motion for leave to adduce fresh evidence stood over to hearing of appeal or further order.
  • Appeal stood over generally to await outcome of any separate fraud proceedings or further order.