Greater Wollongong City Council v Cowan [1955] HCA 16

Greater Wollongong City Council v Cowan [1955] HCA 16

The alleged fresh evidence largely covered the same ground as evidence already given at trial, did not directly establish an unusual danger in the condition of the linoleum, and lacked the cogency required to make a different result sufficiently likely. The plaintiff also failed to show reasonable diligence in discovering the evidence before trial. The Full Court therefore erred in granting a new trial on the ground of fresh evidence.

Jurisdiction
Australia
Procedural Posture
Appeal in an Action for Damages for Personal Injuries Caused by Negligence / Appeal From an Order of the Supreme Court of New South Wales Granting a New Trial
Outcome
Appeal allowed with costs.
Legal Topics
["occupier's Liability" 'negligence' 'invitee' 'new Trial' 'fresh Evidence' 'due Diligence']
['torts' 'civil Procedure'] ["occupier's Liability" 'negligence' 'invitee' 'new Trial' 'fresh Evidence' 'due Diligence']

Case Brief

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Procedural Posture

Appeal in an Action for Damages for Personal Injuries Caused by Negligence / Appeal From an Order of the Supreme Court of New South Wales Granting a New Trial

Legal Issues

  1. 1 ['Whether the Full Court of the Supreme Court of New South Wales erred in granting a new trial on the ground of discovery of fresh evidence.' 'Whether the alleged fresh evidence was sufficiently cogent to justify disturbing a verdict regularly obtained.' 'Whether reasonable diligence had been exercised to procure the evidence before the first trial.']

Ratio Decidendi

The alleged fresh evidence largely covered the same ground as evidence already given at trial, did not directly establish an unusual danger in the condition of the linoleum, and lacked the cogency required to make a different result sufficiently likely. The plaintiff also failed to show reasonable diligence in discovering the evidence before trial. The Full Court therefore erred in granting a new trial on the ground of fresh evidence.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of Full Court of New South Wales discharged.' 'In lieu thereof order that the motion for a new trial be dismissed with costs.']