WINTOUR v ALLEN [1990] NSWCA 189

WINTOUR v ALLEN [1990] NSWCA 189

The appellant failed to demonstrate special grounds justifying the admission of further evidence. The evidence did not establish he was prevented from attending due to reasons beyond his control, and the factual conflict with his solicitor's affidavit was resolved against the appellant. The trial judge acted appropriately in refusing the adjournment, and no sufficient reason was shown to allow additional evidence on appeal.

Parties
Appellant: URJ Wintour; Respondent: Allen
Jurisdiction
Australia
Judgment Date
21 May 1990
Procedural Posture
Application for Leave to Adduce Further Evidence on Appeal / Application Before the Court of Appeal
Outcome
Application refused
Legal Topics
Leave to Adduce Further Evidence, Adjournment, Fresh Evidence on Appeal
Civil Procedure Leave to Adduce Further Evidence Adjournment Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

URJ Wintour

Appellant

Allen

Respondent

Procedural Posture

Application for Leave to Adduce Further Evidence on Appeal / Application Before the Court of Appeal

Legal Issues

  1. 1 Whether the appellant should be granted leave to adduce further evidence on appeal
  2. 2 Whether there are 'special grounds' to justify admitting further evidence
  3. 3 Whether the refusal of an adjournment by Judge Ward was appropriate

Ratio Decidendi

The appellant failed to demonstrate special grounds justifying the admission of further evidence. The evidence did not establish he was prevented from attending due to reasons beyond his control, and the factual conflict with his solicitor's affidavit was resolved against the appellant. The trial judge acted appropriately in refusing the adjournment, and no sufficient reason was shown to allow additional evidence on appeal.

Court Disposition

Application refused

Orders

  • The application for leave to adduce further evidence is refused.