Ruse v Bank of Australasia [1917] HCA 57

Ruse v Bank of Australasia [1917] HCA 57

The matter had not been sufficiently determined at first instance; therefore, the case should be remitted to the Supreme Court with powers to amend pleadings and admit additional evidence as the court considers just.

Parties
Appellant / Plaintiff: Walter Ruse; Respondent / Defendant: Bank of Australasia
Jurisdiction
Australia
Judgment Date
30 October 1917
Procedural Posture
Appeal / Remitted for Further Determination
Outcome
Case remitted to the Supreme Court for further determination with powers to amend pleadings and, by consent, admit certain evidence. Costs of trial and appeal to be costs in the cause.
Legal Topics
Appeals, Pleadings, Amendments, Evidence Admission, Statements by Deceased Persons
Practice and Procedure Appeals Pleadings Amendments Evidence Admission Statements by Deceased Persons

Case Brief

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Parties

Walter Ruse

Appellant / Plaintiff

Bank of Australasia

Respondent / Defendant

Procedural Posture

Appeal / Remitted for Further Determination

Legal Issues

  1. 1 Whether the Supreme Court sufficiently determined the matter between the parties
  2. 2 Whether the pleadings should be amended and additional evidence admitted

Ratio Decidendi

The matter had not been sufficiently determined at first instance; therefore, the case should be remitted to the Supreme Court with powers to amend pleadings and admit additional evidence as the court considers just.

Court Disposition

Case remitted to the Supreme Court for further determination with powers to amend pleadings and, by consent, admit certain evidence. Costs of trial and appeal to be costs in the cause.

Orders

  • Case remitted to the Supreme Court with power to amend pleadings
  • Supreme Court to have power, by consent, to admit statements by Mr. Hutton, the deceased manager, as evidence if it sees fit