LEICESTER v WALTON [1995] NSWCA 257

LEICESTER v WALTON [1995] NSWCA 257

The application to adduce further evidence is stood over to be determined at the hearing of the appeal by the Full Court; there will be no order as to the costs of today so costs lie where they fall for this application.

Parties
Claimant: Leicester; Opponent Appellant: Walton
Jurisdiction
Australia
Judgment Date
23 October 1995
Procedural Posture
Appeal / Interlocutory Application Prior to Hearing of Appeal
Outcome
decision on application for leave to adduce further evidence stood over to the hearing of the appeal; no order as to costs for today
Legal Topics
Fresh Evidence on Appeal, Stay of Suspension, Costs
Medical Disciplinary Fresh Evidence on Appeal Stay of Suspension Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Leicester

Claimant

Walton

Opponent Appellant

Procedural Posture

Appeal / Interlocutory Application Prior to Hearing of Appeal

Legal Issues

  1. 1 whether leave should be granted to adduce fresh evidence in the appeal
  2. 2 how costs should be dealt with for the application

Ratio Decidendi

The application to adduce further evidence is stood over to be determined at the hearing of the appeal by the Full Court; there will be no order as to the costs of today so costs lie where they fall for this application.

Court Disposition

decision on application for leave to adduce further evidence stood over to the hearing of the appeal; no order as to costs for today

Orders

  • Matter stood over for the hearing of the appeal.
  • No order as to costs for today.