Levy v Bablis [2013] NSWCA 28

Levy v Bablis [2013] NSWCA 28

The appeal was dismissed because none of the further evidence was either unavailable due to the exercise of reasonable diligence at trial, sufficiently credible, admissible, or would have been likely to produce a different result at trial. The interests of justice did not require depriving the respondent of the benefit of the orders made at first instance, as no substantial wrong or miscarriage was occasioned.

Jurisdiction
Australia
Judgment Date
25 February 2013
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['appeals' 'admission of Further Evidence' 'fresh Evidence Rule' 'new Trial' 'misleading or Deceptive Conduct' 'fiduciary Duty' 'contract']
['civil Procedure'] ['appeals' 'admission of Further Evidence' 'fresh Evidence Rule' 'new Trial' 'misleading or Deceptive Conduct' 'fiduciary Duty' 'contract']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether fresh or further evidence on appeal justifies ordering a new trial under s 75A(7) of the Supreme Court Act 1970' 'Whether the evidence could not have been obtained with reasonable diligence for use at trial' 'Whether the further evidence would probably produce a different outcome at trial' 'Whether interests of justice require a new trial due to substantial wrong or miscarriage']

Ratio Decidendi

The appeal was dismissed because none of the further evidence was either unavailable due to the exercise of reasonable diligence at trial, sufficiently credible, admissible, or would have been likely to produce a different result at trial. The interests of justice did not require depriving the respondent of the benefit of the orders made at first instance, as no substantial wrong or miscarriage was occasioned.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "Appellant to pay respondent's costs of the appeal including the costs of the application to adduce further evidence." 'Appellant to lodge written submissions concerning the order sought by respondent as to payment of all or part of the security for costs provided; submissions to be lodged...