FAI WORKERS COMPENSATION (NSW) LTD v MMI WORKERS COMPENSATION (NSW) LTD and ANOR [1996] NSWCA 180

FAI WORKERS COMPENSATION (NSW) LTD v MMI WORKERS COMPENSATION (NSW) LTD and ANOR [1996] NSWCA 180

The discretion to allow amendment of the Notice of Appeal to raise new grounds not argued below should be exercised judicially; in this case, the court should refuse the application to amend as the matters were not raised below and doing so would be conjectural.

Parties
Appellant: FAI Workers Compensation (NSW) Ltd; Respondent: MMI Workers Compensation (NSW) Ltd; Respondent: ANOR
Jurisdiction
Australia
Judgment Date
23 May 1996
Procedural Posture
Appeal / Application to Amend Notice of Appeal and Dismissal of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Appeal, Amendment of Notice, Court Discretion, Leave to Add Grounds
Civil Procedure Appeal Amendment of Notice Court Discretion Leave to Add Grounds

Case Brief

Summary, issues, holding and outcome

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Parties

FAI Workers Compensation (NSW) Ltd

Appellant

MMI Workers Compensation (NSW) Ltd

Respondent

ANOR

Respondent

Procedural Posture

Appeal / Application to Amend Notice of Appeal and Dismissal of Appeal

Legal Issues

  1. 1 Whether leave should be granted to amend the Notice of Appeal to add new grounds not argued below
  2. 2 Whether the court should exercise its discretion to allow new grounds of appeal

Ratio Decidendi

The discretion to allow amendment of the Notice of Appeal to raise new grounds not argued below should be exercised judicially; in this case, the court should refuse the application to amend as the matters were not raised below and doing so would be conjectural.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.
  • Application for leave to amend Notice of Appeal refused.