REARDON v KOVACS [1996] NSWCA 445

Where miscarriage at trial is established and contributory negligence may affect damages, the proper course is to set aside the limited retrial order and instead order a general retrial; leave to appeal and extension of time should be granted.

Parties: Applicant: Reardon; Respondent: Kovacs
Jurisdiction: Australia
Judgment Date: 02 December 1996
Procedural Posture: Civil Appeal / Application for Extension of Time and Leave to Appeal; Determination of Retrial and Costs
Outcome: Application for extension of time and leave to appeal granted; judgment below set aside; order for general retrial in District Court by consent; costs to follow the event in the retrial.
Legal Topics: Extension of Time, Leave to Appeal, New Trial, Costs, Contributory Negligence

Civil Procedure Extension of Time Leave to Appeal New Trial Costs Contributory Negligence

Case Brief

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Parties

Reardon

Applicant

Kovacs

Respondent

Procedural Posture

Civil Appeal / Application for Extension of Time and Leave to Appeal; Determination of Retrial and Costs

Legal Issues

1 Whether extension of time for leave to appeal should be granted
2 Proper scope of retrial following judgment
3 Treatment of contributory negligence in retrial

Ratio Decidendi

Court Disposition

Application for extension of time and leave to appeal granted; judgment below set aside; order for general retrial in District Court by consent; costs to follow the event in the retrial.

Orders

Extension of time granted.
Leave to appeal granted.