RING TREAD SYSTEMS (AUSTRALASIA) PTY LTD (RECEIVER AND MANAGER APPOINTED) v TUBB [1998] NSWCA 186

RING TREAD SYSTEMS (AUSTRALASIA) PTY LTD (RECEIVER AND MANAGER APPOINTED) v TUBB [1998] NSWCA 186

As the respondent deliberately deceived the court in a material respect by giving false evidence, and the outcome depended critically on credibility, the interests of justice require that the judgment be set aside and a new trial ordered before a different judge.

Parties
Appellant: Ring Tread Systems (Australasia) Pty Ltd (Receiver & Manager Appointed); First Defendant: Speedy Tyres Pty Ltd; Respondent/second Defendant: Tubb
Jurisdiction
Australia
Judgment Date
30 October 1998
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed; judgment and costs order set aside; new trial ordered
Legal Topics
Guarantee, Contracts Review Act, Fresh Evidence, New Trial, Mareva Injunction
Contract Law Equity Guarantee Contracts Review Act Fresh Evidence New Trial Mareva Injunction

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Parties

Ring Tread Systems (Australasia) Pty Ltd (Receiver & Manager Appointed)

Appellant

Speedy Tyres Pty Ltd

First Defendant

Tubb

Respondent/second Defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a new trial should be ordered based on false evidence given by the respondent
  2. 2 Whether the Contracts Review Act provides relief to guarantors of business debts of corporate principals

Ratio Decidendi

As the respondent deliberately deceived the court in a material respect by giving false evidence, and the outcome depended critically on credibility, the interests of justice require that the judgment be set aside and a new trial ordered before a different judge.

Court Disposition

appeal allowed; judgment and costs order set aside; new trial ordered

Orders

  • Appeal allowed
  • Judgment and order in favour of the respondent against the appellant, entered on 6 December 1996, set aside