BRYANT (CONSTRUCTIONS) PTY LIMITED v DANIELS [1996] NSWCA 271

A party who chooses not to tender evidence at trial cannot tender it on appeal simply because they have changed their position; there was no injustice warranting admission of the further evidence.

Parties: Applicant: Bryant (Constructions) Pty Limited; Respondent: Daniels
Jurisdiction: Australia
Judgment Date: 05 March 1996
Procedural Posture: Appeal / Application to Tender Additional Evidence on Appeal
Outcome: application to tender further evidence refused

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Parties

Bryant (Constructions) Pty Limited

Applicant

Daniels

Respondent

Procedural Posture

Appeal / Application to Tender Additional Evidence on Appeal

Legal Issues

1 Whether the respondent may tender on appeal an affidavit not tendered before the trial judge

Ratio Decidendi

A party who chooses not to tender evidence at trial cannot tender it on appeal simply because they have changed their position; there was no injustice warranting admission of the further evidence.

Court Disposition

application to tender further evidence refused

Orders

Application to lead further evidence refused