BLAKE v CRISP [1992] NSWCA 23

BLAKE v CRISP [1992] NSWCA 23

Leave to appeal is granted and the application for leave to adduce fresh evidence is adjourned to be dealt with by the court hearing the appeal, as it is expedient to leave all such matters to that court when it has full knowledge of the case circumstances.

Parties
Applicant: Blake; Respondent: Crisp
Jurisdiction
Australia
Judgment Date
20 July 1992
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal and Related Motion
Outcome
Leave to appeal granted; application for leave to adduce fresh evidence adjourned; costs reserved to the court dealing with the appeal.

Case Brief

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Parties

Blake

Applicant

Crisp

Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal and Related Motion

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding the answer given to a separately heard question
  2. 2 Whether leave to adduce fresh evidence should be granted

Ratio Decidendi

Leave to appeal is granted and the application for leave to adduce fresh evidence is adjourned to be dealt with by the court hearing the appeal, as it is expedient to leave all such matters to that court when it has full knowledge of the case circumstances.

Court Disposition

Leave to appeal granted; application for leave to adduce fresh evidence adjourned; costs reserved to the court dealing with the appeal.

Orders

  • Leave to appeal is granted.
  • Application for leave to call fresh evidence adjourned to be dealt with with the appeal as and when it proceeds.