A v B [2000] NSWCA 220
No error was demonstrated in Adams J's exercise of discretion to order a rehearing before a different Master, given the importance of credibly assessing fresh evidence and the likelihood of apprehended bias from re-examination by the same Master.
- Jurisdiction
- Australia
- Judgment Date
- 19 July 2000
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['extension of Limitation Period' 'fresh Evidence' 'discretionary Orders' 'credibility Assessment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the extension of time for bringing a claim should be granted despite the limitation period' 'Whether the matter should be reheard and by whom' "What effect fresh evidence has on the prior findings regarding the appellant's knowledge of her injury"]
Ratio Decidendi
No error was demonstrated in Adams J's exercise of discretion to order a rehearing before a different Master, given the importance of credibly assessing fresh evidence and the likelihood of apprehended bias from re-examination by the same Master.
Court Disposition
appeal dismissed
Orders
- ['Appeal dismissed with costs']
Full Case Text
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