11 Nov 2011
SHANE ARTHUR PAGET V STATION PROPERTIES LTD COA CA36/2010
- Citation
- openlaw-7ffaa274_3be1_40f6_8ec3_20eb23341c77.pdf
- Court
- Court of Appeal
Although the novation evidence was not strictly fresh, the Court found exceptional circumstances: if the documents are genuine they indicate the respondent failed in its disclosure obligations when seeking summary judgment, making that judgment unsafe; because authenticity cannot be resolved without viva voce evidence and possibly expert examination, the Court admitted the documents, allowed the appeal, quashed summary judgment and remitted the matter to the High Court for trial.