Teo Tran t/as Canberra Direct and as Canberra Mailing v Calvista Australia Pty Ltd

[2010] ACTCA 5

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Further evidence on appeal
3. › Discretion to admit fresh evidence
4. › Medical evidence obtained after trial
5. › Whether evidence would have produced different result
6. › Whether evidence in admissible form
7. › Court Procedures Rules 2006 (ACT), rr 5602, 5606
8. › Supreme Court Act 1933 (ACT), s 37N(3)
1. Practice and Procedure
2. › Amendment of pleadings
3. › Application to amend after conclusion of hearing
4. › Whether amendment in interests of justice
5. › Whether amendment would cause substantial injustice requiring rehearing
6. › Whether injustice could be remedied by costs order
7. › Court Procedures Rules 2006 (ACT), rr 502, 507
1. Appeal
2. › Appellate review of discretionary decisions
3. › [name withheld] v The King principles
4. › Whether error in exercise of discretion to refuse amendment

Quick Take

A post-trial amendment that is diametrically opposed to the way the trial was conducted will ordinarily be refused where it would require a complete rehearing, even where the party argues the amendment is necessary to determine the real issues between the parties. The injustice caused by requiring a rehearing cannot be remedied by a costs order alone. Fresh evidence of a witness's medical condition will not be admitted on appeal where the underlying difficulty was known before trial and the evidence would not have produced a different result.