GIBSON v COBB SUPPLY COMPANY PTY LTD [1994] NSWCA 108

GIBSON v COBB SUPPLY COMPANY PTY LTD [1994] NSWCA 108

The application to adduce fresh evidence and to expedite the appeal should be stood over to be dealt with by the Court hearing the appeal; generally, such applications are determined by the appellate court unless special circumstances are present, which are not found here.

Parties
Plaintiff: Gibson; Respondent: Cobb Supply Company Pty Ltd
Jurisdiction
Australia
Judgment Date
12 December 1994
Procedural Posture
Application / Interlocutory Application Pre Appeal
Outcome
Application stood over to hearing of the appeal; costs reserved.

Case Brief

Summary, issues, holding and outcome

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Parties

Gibson

Plaintiff

Cobb Supply Company Pty Ltd

Respondent

Procedural Posture

Application / Interlocutory Application Pre Appeal

Legal Issues

  1. 1 Whether leave should be granted to adduce fresh evidence on appeal
  2. 2 Whether the appeal should be expedited
  3. 3 Process for considering allegations of fraudulent misconduct as basis for fresh evidence

Ratio Decidendi

The application to adduce fresh evidence and to expedite the appeal should be stood over to be dealt with by the Court hearing the appeal; generally, such applications are determined by the appellate court unless special circumstances are present, which are not found here.

Court Disposition

Application stood over to hearing of the appeal; costs reserved.

Orders

  • Application stood over to the hearing of the appeal to be dealt with by that Court.
  • Costs of today's application reserved to the appeal Court.