GRGIC v AUSTRALIA & NEW ZEALAND BANKING GROUP LTD [1992] NSWCA 99
The balance of convenience favours vacating the hearing dates and standing the civil appeal over until after the criminal proceedings are concluded, given the potential unavailability of key evidence due to privilege against self-incrimination and the waste involved in last-minute adjournments.
- Parties
- Claimant: Franco Grgic; Opponent: Australia & New Zealand Banking Group Limited
- Jurisdiction
- Australia
- Judgment Date
- 19 October 1992
- Procedural Posture
- Civil Appeal / Interlocutory Application
- Outcome
- Application granted
- Legal Topics
- Adjournment, Stay Pending Criminal Proceedings, Fresh Evidence on Appeal, Self Incrimination
Case Brief
Summary, issues, holding and outcome
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Parties
Franco Grgic
Claimant
Australia & New Zealand Banking Group Limited
Opponent
Procedural Posture
Civil Appeal / Interlocutory Application
Legal Issues
- 1 Whether the appeal hearing should be adjourned to allow fresh evidence that may become available after related criminal proceedings have concluded.
- 2 Whether witnesses may claim the privilege against self-incrimination and whether this affects the claimant's ability to present fresh evidence of forgery.
Ratio Decidendi
The balance of convenience favours vacating the hearing dates and standing the civil appeal over until after the criminal proceedings are concluded, given the potential unavailability of key evidence due to privilege against self-incrimination and the waste involved in last-minute adjournments.
Court Disposition
Application granted
Orders
- Hearing dates in November vacated.
- Appeal stood over to mid-February 1993.
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