19 Mar 2008
PHILLIP ANTHONY NORCROSS V JENNIFER DENISE NORCROSS HC AK CIV-2006-404-7748
- Citation
- openlaw-b25331b8_916f_4ac5_9144_6293c65dfb4f.pdf
- Court
- High Court
Leave was granted only for paragraphs 4-6 of the appellant's affidavit because that post-dated the Family Court judgment, was material to the core appellate issue (the evidential basis for the judge's finding about the respondent's retraining and the likely duration of maintenance) and could affect the correctness of the inference drawn; the remainder of the affidavit (post-judgment financial deterioration) was inadmissible because it was not material to the inquiry into whether the Family Court's inference was justified and would risk turning the appeal into a rehearing.