HART v HERRON and ANOR [1994] NSWCA 122

HART v HERRON and ANOR [1994] NSWCA 122

The appropriate costs order is that the costs of the application regarding the amended notice of appeal be costs in the appeal, as the appellant has partly succeeded in maintaining his grounds and the application enabled resolution of the issues.

Parties
Appellant: Hart; Respondent: Herron; Respondent: Anor
Jurisdiction
Australia
Judgment Date
08 March 1994
Procedural Posture
Appeal / Interlocutory Orders on New Evidence and Costs Application
Outcome
Interlocutory orders made; fresh evidence application timetable set; costs of application to be costs in the appeal.

Case Brief

Summary, issues, holding and outcome

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Parties

Hart

Appellant

Herron

Respondent

Anor

Respondent

Procedural Posture

Appeal / Interlocutory Orders on New Evidence and Costs Application

Legal Issues

  1. 1 Whether the appellant is entitled to rely on fresh evidence for a new trial
  2. 2 Allocation of costs in respect of the respondents' application to strike out parts of the amended notice of appeal

Ratio Decidendi

The appropriate costs order is that the costs of the application regarding the amended notice of appeal be costs in the appeal, as the appellant has partly succeeded in maintaining his grounds and the application enabled resolution of the issues.

Court Disposition

Interlocutory orders made; fresh evidence application timetable set; costs of application to be costs in the appeal.

Orders

  • The appellant is to file and serve affidavits in support of an application to adduce fresh evidence on the appeal by 10 May 1994.
  • The appellant is to file and serve an amended notice of appeal by 29 March 1994.