Department of Education and Training v Sinclair [2005] NSWCA 402

Department of Education and Training v Sinclair [2005] NSWCA 402

Leave to amend was refused because the proposed new ground, although framed as a question of law about the onus under s11A, concerned an issue that had been common ground below and could have affected the evidence led at first instance; if leave were granted, the ground would necessarily fail on that basis.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 November 2005
Procedural Posture
Application to Amend Grounds of Appeal / Court of Appeal Application for Leave to Amend Grounds of Appeal
Outcome
Leave to amend not granted.
Legal Topics
['application to Amend Grounds of Appeal' 'new Issue on Appeal' 'onus of Proof' 'workers Compensation Act 1987 S11 A']
['practice and Procedure' 'workers Compensation'] ['application to Amend Grounds of Appeal' 'new Issue on Appeal' 'onus of Proof' 'workers Compensation Act 1987 S11 A']

Source-derived case record

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Procedural Posture

Application to Amend Grounds of Appeal / Court of Appeal Application for Leave to Amend Grounds of Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to amend the grounds of appeal by adding a ground that the President erred in holding that the onus of proving reasonableness within s11A of the Workers Compensation Act 1987 lay on the Appellant.' 'Whether a new issue concerning onus under s11A could be raised for the first time on appeal where it could have been the subject of additional evidence below.']

Ratio Decidendi

Leave to amend was refused because the proposed new ground, although framed as a question of law about the onus under s11A, concerned an issue that had been common ground below and could have affected the evidence led at first instance; if leave were granted, the ground would necessarily fail on that basis.

Court Disposition

Leave to amend not granted.

Orders

  • ['Leave to amend not granted.']