SUKKAR v DAVIES [1995] NSWCA 461
The application to admit fresh evidence was rejected because there was no explanation as to why the certificate was not obtained or tendered below, and no evidence that it could not have been obtained with reasonable diligence; special grounds required by the statute were not established.
- Parties
- Appellant: Sukkar; Respondent: Davies
- Jurisdiction
- Australia
- Judgment Date
- 08 May 1995
- Procedural Posture
- Appeal / Application to Call Fresh Evidence
- Outcome
- application rejected
Case Brief
Summary, issues, holding and outcome
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Parties
Sukkar
Appellant
Davies
Respondent
Procedural Posture
Appeal / Application to Call Fresh Evidence
Legal Issues
- 1 Whether fresh evidence (a certificate from Dr Fahed Succar) should be admitted on appeal
Ratio Decidendi
The application to admit fresh evidence was rejected because there was no explanation as to why the certificate was not obtained or tendered below, and no evidence that it could not have been obtained with reasonable diligence; special grounds required by the statute were not established.
Court Disposition
application rejected
Orders
- Orders accordingly
Full Case Text
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