Crisp v. Burridge [2004] NSWCA 334

Crisp v. Burridge [2004] NSWCA 334

Given the lack of submissions on the appropriateness of the appeal court resolving factual disputes and the request from both sides to limit the retrial to issues of liability, the Court ordered a new trial limited to the question of liability before a different judge.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 September 2004
Procedural Posture
Appeal / Order for New Trial
Outcome
Order for new trial limited to liability
Legal Topics
['appeal Court Powers' 'new Trial' 'disputed Questions' 'liability']
['procedure'] ['appeal Court Powers' 'new Trial' 'disputed Questions' 'liability']

Source-derived case record

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Procedural Posture

Appeal / Order for New Trial

Legal Issues

  1. 1 ['Whether the appeal court should resolve disputed questions of fact or order a new trial' 'Whether the new trial should be limited to liability' 'Discretion regarding evidence from previous trial']

Ratio Decidendi

Given the lack of submissions on the appropriateness of the appeal court resolving factual disputes and the request from both sides to limit the retrial to issues of liability, the Court ordered a new trial limited to the question of liability before a different judge.

Court Disposition

Order for new trial limited to liability

Orders

  • ['Matter remitted to the District Court for a new trial, limited to the question of liability, before a different judge, with the costs of the first trial being in the discretion of that judge.']