Zorbas v Sidiropoulous [2009] NSWCA 111

Zorbas v Sidiropoulous [2009] NSWCA 111

Leave to rely on the notice of motion seeking to adduce fresh evidence in the appeal was refused because the proper procedural steps (notice of contention and timely application) were not followed.

Parties
Appellant: George Zorbas; Respondent: Stephen Sidiropoulous
Jurisdiction
Australia
Judgment Date
07 May 2009
Procedural Posture
Appeal / Interlocutory Application in Court of Appeal
Outcome
Leave refused to rely on the notice of motion filed on 21 April 2009.
Legal Topics
Appeal, Fresh Evidence, Notice of Contention, Timely Application
Civil Procedure Appeal Fresh Evidence Notice of Contention Timely Application

Case Brief

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Parties

George Zorbas

Appellant

Stephen Sidiropoulous

Respondent

Procedural Posture

Appeal / Interlocutory Application in Court of Appeal

Legal Issues

  1. 1 Whether respondent can rely on additional evidence in appeal relying on notice of motion filed out of time
  2. 2 Whether absence at first instance due to alleged threats justifies reliance on additional evidence

Ratio Decidendi

Leave to rely on the notice of motion seeking to adduce fresh evidence in the appeal was refused because the proper procedural steps (notice of contention and timely application) were not followed.

Court Disposition

Leave refused to rely on the notice of motion filed on 21 April 2009.

Orders

  • Leave refused to rely on the notice of motion filed on 21 April 2009.