Commonwealth Bank of Australia v Quade [1991] HCA 61

Commonwealth Bank of Australia v Quade [1991] HCA 61

The Full Court did not err in rejecting the ordinary stringent fresh evidence test and determining, by reference to broad considerations of justice, that a new trial may be ordered where the successful party seriously failed to comply with discovery obligations and there was a real possibility that the result might have been different if the documents had been disclosed.

Jurisdiction
Australia
Procedural Posture
Civil Appeal / High Court Appeal From the Full Court of the Federal Court Concerning the Test for Ordering a New Trial Where the Successful Party Failed to Give Proper Discovery
Outcome
Appeal dismissed by consent after initially being stood over generally.
Legal Topics
['new Trial' 'fresh Evidence' 'failure to Comply With Discovery Order' 'interests of Justice' 'finality of Litigation']
['civil Procedure' 'appellate Procedure' 'discovery' 'trade Practices' 'contracts Review' 'negligence'] ['new Trial' 'fresh Evidence' 'failure to Comply With Discovery Order' 'interests of Justice' 'finality of Litigation']

Case Brief

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Procedural Posture

Civil Appeal / High Court Appeal From the Full Court of the Federal Court Concerning the Test for Ordering a New Trial Where the Successful Party Failed to Give Proper Discovery

Legal Issues

  1. 1 ['What approach or test should an appellate court adopt in deciding whether to order a new trial when documents that should have been discovered were not discovered by the successful party.' 'Whether the Full Court of the Federal Court applied the correct approach in ordering a new trial after the Bank failed to comply with a pre-trial discovery order.']

Ratio Decidendi

The Full Court did not err in rejecting the ordinary stringent fresh evidence test and determining, by reference to broad considerations of justice, that a new trial may be ordered where the successful party seriously failed to comply with discovery obligations and there was a real possibility that the result might have been different if the documents had been disclosed.

Court Disposition

Appeal dismissed by consent after initially being stood over generally.

Orders

  • ['Appeal stood over generally.' "Liberty reserved to either party to restore the matter to the list on seven days' notice to the other party." 'Appeal dismissed.' "Applicant to pay respondents' costs of application for special leave and of appeal."]