Goninan & Co Pty Ltd v Direct Engineering Services Pty Ltd

(2007) 33 WAR 182; [2007] WASCA 10

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Additional evidence on appeal
4. › Application to adduce additional evidence
5. › Principles governing exercise of discretion
6. › Whether evidence available at trial
7. › Whether evidence relevant to issues on appeal
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 47(3)(d)

Quick Take

The principles from CDJ v VAJ governing the admission of further evidence on appeal apply to r 47(3)(d) of the Supreme Court (Court of Appeal) Rules 2005 (WA), notwithstanding that the rule contains no express limitations on the discretion. Evidence available at trial but deliberately not used will ordinarily weigh heavily against admission on appeal, and the evidence must be shown to be relevant and likely to have produced a different result.