Ryan v Ryan [1914] HCA 64

Ryan v Ryan [1914] HCA 64

The High Court determined that, having regard to the discretion conferred by the Appellate Jurisdiction Act 1911 (W.A.), secs. 3, 4, 5 and Judiciary Act 1903, sec. 37, a new trial should be ordered where fresh evidence has been discovered which may affect the outcome and where neither affirming nor dismissing the appeal would serve the interests of justice.

Parties
Appellant: Thomas Ryan; Respondent/petitioner: Henrietta Ryan
Jurisdiction
Australia
Judgment Date
02 November 1914
Procedural Posture
Appeal / High Court Appeal From Full Court of Western Australia Decision
Outcome
Order of trial judge and Full Court (except on costs) set aside; new trial ordered.
Legal Topics
Judicial Separation, Adultery, New Trial Based on Fresh Evidence, Appellate Procedure
Family Law Judicial Separation Adultery New Trial Based on Fresh Evidence Appellate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Ryan

Appellant

Henrietta Ryan

Respondent/petitioner

Procedural Posture

Appeal / High Court Appeal From Full Court of Western Australia Decision

Legal Issues

  1. 1 Whether a new trial should be granted on the ground of fresh evidence discovered since the original hearing in a petition for judicial separation
  2. 2 Whether the discretionary powers under the Appellate Jurisdiction Act 1911 (W.A.) and Judiciary Act 1903 justify granting a new trial

Ratio Decidendi

The High Court determined that, having regard to the discretion conferred by the Appellate Jurisdiction Act 1911 (W.A.), secs. 3, 4, 5 and Judiciary Act 1903, sec. 37, a new trial should be ordered where fresh evidence has been discovered which may affect the outcome and where neither affirming nor dismissing the appeal would serve the interests of justice.

Court Disposition

Order of trial judge and Full Court (except on costs) set aside; new trial ordered.

Orders

  • Order of trial Judge set aside except as to costs.
  • Order appealed from set aside except as to costs.