Commissioner for Government Tram & Omnibus Services v Vickery [1952] HCA 44

Commissioner for Government Tram & Omnibus Services v Vickery [1952] HCA 44

The alleged fresh evidence relating to the respondent's post-accident employment did not satisfy the stringent standard required for ordering a new trial, as it was compatible with the original evidence, did not directly contradict the plaintiff's claims, and was not proved with admissible evidence or sufficient precision.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Refusal of Motion for New Trial
Outcome
appeal dismissed
Legal Topics
['personal Injury' 'damages' 'new Trial' 'fresh Evidence']
['tort' 'civil Procedure'] ['personal Injury' 'damages' 'new Trial' 'fresh Evidence']

Case Brief

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Procedural Posture

Appeal / Appeal From Refusal of Motion for New Trial

Legal Issues

  1. 1 ['Whether discovery of fresh evidence after trial on the quantum of damages warrants a new trial' 'Whether the fresh evidence is of sufficient probative value to justify disturbing the verdict']

Ratio Decidendi

The alleged fresh evidence relating to the respondent's post-accident employment did not satisfy the stringent standard required for ordering a new trial, as it was compatible with the original evidence, did not directly contradict the plaintiff's claims, and was not proved with admissible evidence or sufficient precision.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs.']