PAGE v McKENSEY [1996] NSWCA 418

PAGE v McKENSEY [1996] NSWCA 418

There were no exceptional circumstances justifying the reopening of the appeal; Mr Page's legal representatives chose to proceed with the available evidence, and the grounds now raised were not advanced earlier.

Parties
Applicant: Page; Respondent: McKensey
Jurisdiction
Australia
Judgment Date
29 January 1996
Procedural Posture
Motion to Reopen Appeal / Post Appeal Motion
Outcome
motion dismissed with costs
Legal Topics
Reopening Appeal, Exceptional Circumstances, Late Affidavit Filing, Trial Procedure
Civil Procedure Reopening Appeal Exceptional Circumstances Late Affidavit Filing Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Page

Applicant

McKensey

Respondent

Procedural Posture

Motion to Reopen Appeal / Post Appeal Motion

Legal Issues

  1. 1 Whether the appeal should be reopened due to alleged injustice arising from late-filed affidavits and surprise evidence

Ratio Decidendi

There were no exceptional circumstances justifying the reopening of the appeal; Mr Page's legal representatives chose to proceed with the available evidence, and the grounds now raised were not advanced earlier.

Court Disposition

motion dismissed with costs

Orders

  • Motion dismissed with costs