Rix v Mahony [2012] NSWCA 241

Rix v Mahony [2012] NSWCA 241

The formulation of res judicata by Mr Rix was mistaken, as it does not apply to the circumstances or the evidence he seeks to admit; therefore, there is no basis for the evidence to be admitted.

Parties
Appellant: Frederick George Rix; First Respondent: Lisa Jane Mahony; Fifth Respondent: Dennis Anthony Mahony
Jurisdiction
Australia
Judgment Date
30 July 2012
Procedural Posture
Interlocutory Application / Appeal
Outcome
Application to adduce further evidence refused; evidence not admitted.
Legal Topics
Application to Adduce Further Evidence on Appeal, Res Judicata, Uniform Civil Procedure Rules 2005
Civil Procedure Application to Adduce Further Evidence on Appeal Res Judicata Uniform Civil Procedure Rules 2005

Case Brief

Summary, issues, holding and outcome

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Parties

Frederick George Rix

Appellant

Lisa Jane Mahony

First Respondent

Dennis Anthony Mahony

Fifth Respondent

Procedural Posture

Interlocutory Application / Appeal

Legal Issues

  1. 1 Whether further evidence should be admitted on appeal for the purpose of establishing res judicata against the conclusions of the earlier decision.

Ratio Decidendi

The formulation of res judicata by Mr Rix was mistaken, as it does not apply to the circumstances or the evidence he seeks to admit; therefore, there is no basis for the evidence to be admitted.

Court Disposition

Application to adduce further evidence refused; evidence not admitted.

Orders

  • Evidence not admitted