McWILLIAM & ORS v WATSON & ORS [2000] NSWSC 757

Special grounds were demonstrated, justifying the reception of the affidavits and related evidence as fresh evidence in the appeal against the Master’s self-executing order.

Jurisdiction: Australia
Judgment Date: 17 July 2000
Procedural Posture: Appeal / Appeal From Interlocutory Order of a Master
Outcome: Special grounds established; affidavits and exhibits admitted as evidence.
Legal Topics: ['appeal From Master' 'self Executing Order' 'striking Out Statement of Claim' 'admissibility of Fresh Evidence' 'special Circumstances']

['civil Procedure'] ['appeal From Master' 'self Executing Order' 'striking Out Statement of Claim' 'admissibility of Fresh Evidence' 'special Circumstances']

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Procedural Posture

Appeal / Appeal From Interlocutory Order of a Master

Legal Issues

1 ['Whether the affidavits may be admitted as fresh evidence' 'Whether hearing before the Master was on the merits within meaning of s 75A(8) Supreme Court Act 1970' "Whether 'special grounds' required for reception of further evidence"]

Ratio Decidendi

Special grounds were demonstrated, justifying the reception of the affidavits and related evidence as fresh evidence in the appeal against the Master’s self-executing order.

Court Disposition

Special grounds established; affidavits and exhibits admitted as evidence.

Orders

['Affidavits of Bruce Scott McWilliam sworn 5 May 2000 and Andrew Dymock Forsyth sworn 9 March and 5 May 2000 admitted.' 'Documents marked exhibits 1 and 2 and A, B and C admitted subject to privilege.' 'Testimony of Andrew Dymock Forsyth admitted.']