DAVRIDGE PTY LTD v COMMONWEALTH BANK OF AUSTRALIA [1996] NSWCA 144

DAVRIDGE PTY LTD v COMMONWEALTH BANK OF AUSTRALIA [1996] NSWCA 144

The application to admit new evidence in the current appeal will not be pressed; appellants propose to commence new proceedings to set aside the prior judgment alleging fraud; court lists matter for further directions and expects clarification on appeal progress and grounds.

Source-derived case information.

Parties
Appellant: Davridge Pty Ltd; Respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
31 May 1996
Procedural Posture
Appeal / Directions Hearing
Outcome
Matter stood over for further directions; orders accordingly.
Legal Topics
Application to Admit New Evidence, Fraud Allegation in Prior Judgment, Subpoena Documents, Adjournment of Appeal
Civil Procedure Application to Admit New Evidence Fraud Allegation in Prior Judgment Subpoena Documents Adjournment of Appeal

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Parties

Davridge Pty Ltd

Appellant

Commonwealth Bank of Australia

Respondent

Procedural Posture

Appeal / Directions Hearing

Legal Issues

  1. 1 Whether application to admit new evidence should be pressed in current appeal
  2. 2 Whether new proceedings should be commenced to set aside judgment alleging fraud
  3. 3 Whether appellants should have access to subpoenaed documents in appeal

Ratio Decidendi

The application to admit new evidence in the current appeal will not be pressed; appellants propose to commence new proceedings to set aside the prior judgment alleging fraud; court lists matter for further directions and expects clarification on appeal progress and grounds.

Court Disposition

Matter stood over for further directions; orders accordingly.

Orders

  • Matter listed for further directions at 9.30 am Monday, 3 June 1996.
  • Written submissions in support of grounds of appeal to be exchanged and faxed to court by noon, Sunday 2 June.