SWEENEY and ANOR v KELL AND RIBGY (BUILDERS) PTY LTD [1996] NSWCA 511

SWEENEY and ANOR v KELL AND RIBGY (BUILDERS) PTY LTD [1996] NSWCA 511

Fresh evidence was refused because the appellants did not comply with the Rules of Court regarding notice and filing, and the evidence was deemed irrelevant. The appeal was dismissed following the appellants' decision not to advance further arguments once the evidence was rejected.

Parties
First Appellant: Sweeney; Second Appellant: Second appellant; Respondent: Kell and Rigby (Builders) Pty Ltd
Jurisdiction
Australia
Judgment Date
29 October 1996
Procedural Posture
Appeal / Judgment on Application to Adduce Fresh Evidence and Determination of Appeal
Outcome
appeal dismissed
Legal Topics
Adducing Fresh Evidence on Appeal, Costs, Referee Impartiality
Civil Procedure Adducing Fresh Evidence on Appeal Costs Referee Impartiality

Case Brief

Summary, issues, holding and outcome

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Parties

Sweeney

First Appellant

Second appellant

Second Appellant

Kell and Rigby (Builders) Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Application to Adduce Fresh Evidence and Determination of Appeal

Legal Issues

  1. 1 Whether fresh evidence can be adduced on appeal when not filed and served in accordance with the Rules
  2. 2 Whether the matters sought to be adduced are relevant
  3. 3 Whether an order for indemnity costs should be made

Ratio Decidendi

Fresh evidence was refused because the appellants did not comply with the Rules of Court regarding notice and filing, and the evidence was deemed irrelevant. The appeal was dismissed following the appellants' decision not to advance further arguments once the evidence was rejected.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.