Li Pei Ye v Crown Limited

[2004] FCAFC 8

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Interrogate

Catchwords

1. Appeal
2. › Appeal by way of rehearing
3. › Challenge to findings of fact
4. › Findings based on credibility of witnesses
5. › Whether incontrovertible facts or compelling inferences demonstrated error
6. › Whether open to primary judge to make findings
1. Practice and Procedure
2. › Amendment of notice of appeal
3. › New issues raised for first time on appeal
4. › Issues not pleaded or argued at trial
5. › Deliberate forensic decision not to raise issues
6. › Whether in the interests of justice to allow new issues
7. › Whether further evidence could have been adduced to meet the issues
8. › Federal Court Rules O 11 rr 6, 10
1. Practice and Procedure
2. › Fresh evidence on appeal
3. › Whether evidence available at trial
4. › Whether evidence cogent and likely to affect outcome
5. › Federal Court of Australia Act 1976 (Cth), s 27
1. Gaming
2. › Casino operations
3. › Premium Player Program and Junket Program
4. › Compliance with statutory and regulatory requirements
5. › Casino Control Act 1991 (Vic), ss 68, 69
6. › Casino Control (Junkets and Premium Players) Regulations 1999 (Vic), reg 16

Quick Take

A deliberate forensic decision not to plead or argue an issue at trial will generally preclude raising it on appeal, even where the issue involves a question of law, particularly where the opposing party could have conducted its case differently.