Wollongong Corporation v Cowan [1955] HCA 16

Wollongong Corporation v Cowan [1955] HCA 16

The High Court held that the purported fresh evidence did not satisfy the legal standard for ordering a new trial; it was not clearly likely to produce an opposite result nor was it demonstrated that reasonable diligence to obtain such evidence prior to trial was exercised. The supporting affidavit was inadequate in detail as to witnesses, evidence, and inquiries made.

Parties
Appellant; Defendant: Council of the City of Greater Wollongong; Respondent; Plaintiff: Maizie Cowan
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Order of Supreme Court of New South Wales (full Court) Granting a New Trial
Outcome
Appeal allowed
Legal Topics
New Trial, Fresh Evidence, Personal Injury, Occupiers' Liability, Reasonable Care
Civil Procedure Tort New Trial Fresh Evidence Personal Injury Occupiers' Liability Reasonable Care

Case Brief

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Parties

Council of the City of Greater Wollongong

Appellant; Defendant

Maizie Cowan

Respondent; Plaintiff

Procedural Posture

Appeal / Appeal From Order of Supreme Court of New South Wales (full Court) Granting a New Trial

Legal Issues

  1. 1 Whether a new trial should be granted on the ground of fresh evidence discovered after trial
  2. 2 Whether the fresh evidence met the legal threshold required to set aside a verdict regularly obtained
  3. 3 Whether reasonable diligence was exercised to obtain the fresh evidence prior to trial

Ratio Decidendi

The High Court held that the purported fresh evidence did not satisfy the legal standard for ordering a new trial; it was not clearly likely to produce an opposite result nor was it demonstrated that reasonable diligence to obtain such evidence prior to trial was exercised. The supporting affidavit was inadequate in detail as to witnesses, evidence, and inquiries made.

Court Disposition

Appeal allowed

Orders

  • Order of the Supreme Court of New South Wales (Full Court) granting a new trial discharged
  • Motion for new trial dismissed with costs