Edmonds v Barrington Winstanley Group Pty Ltd

[2023] NSWCA 166

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Adjournment application refused at trial
4. › Whether denial of procedural fairness
5. › Whether appellants given reasonable opportunity to be heard
1. Appeal
2. › Further evidence on appeal
3. › Special grounds requirement
4. › New arguments raising issues of fact not ventilated below
5. › Whether leave to rely on further evidence should be granted
6. › Supreme Court Act 1970 (NSW), s 75A(8)
1. Appeal
2. › New arguments on appeal
3. › Arguments not raised at trial
4. › Whether party bound by conduct of case below
5. › Whether arguments raise factual issues requiring evidence and cross-examination
6. › Farm Debt Mediation Act 1994 (NSW), s 8
1. Deed
2. › Construction
3. › Deed of Acknowledgement of Debt
4. › Whether debt acknowledged was fixed sum or contingent on underlying agreement
5. › Objective construction having regard to commercial purpose and object

Quick Take

A debt acknowledged in a deed of acknowledgement is construed as a fixed sum irrespective of the underlying agreement, and Farm Debt Mediation Act arguments involving contested factual definitions cannot be raised for the first time on appeal.