HORN v YOUNG [1995] NSWCA 199

HORN v YOUNG [1995] NSWCA 199

The appellant's application to adduce fresh evidence failed because the court was not satisfied that the evidence could not, with reasonable diligence, have been obtained for use at the trial. Further, it was not probable that the new evidence would have led to a different verdict. As a result, the fresh evidence was not admitted and the appeal was dismissed.

Parties
Appellant: Horn; Respondent: Young
Jurisdiction
Australia
Judgment Date
20 April 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Admission of Fresh Evidence, Appeal Process, Personal Injury
Civil Procedure Admission of Fresh Evidence Appeal Process Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Horn

Appellant

Young

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant should be granted leave to adduce fresh evidence on appeal

Ratio Decidendi

The appellant's application to adduce fresh evidence failed because the court was not satisfied that the evidence could not, with reasonable diligence, have been obtained for use at the trial. Further, it was not probable that the new evidence would have led to a different verdict. As a result, the fresh evidence was not admitted and the appeal was dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.