Alderton & Anor v Wide Bay Constructions Pty Ltd

In the case of Alderton & Anor v Wide Bay Constructions Pty Ltd, the applicants sought leave to be legally represented in the appeal and to adduce new evidence. The applicants were appealing against a decision made by the Queensland Civil and Administrative Tribunal. The primary legal issues for the court to determine were whether the applicants should be granted leave to be legally represented in the appeal and whether they should be allowed to present new evidence that was not available at the time of the original proceeding.

The court considered the complexity of the grounds of appeal and the potential disadvantage the applicants would face without legal representation. It was noted that leave for legal representation had already been granted in the original proceeding, and the applicants argued that the grounds of appeal were complex enough to warrant such representation in the appeal. The court concluded that the applicants would indeed be disadvantaged without legal representation and granted leave for both parties to be legally represented.

Regarding the fresh evidence, the applicants sought to introduce evidence that they claimed could not have been obtained with reasonable diligence during the original proceeding. The court examined whether the fresh evidence was credible and whether it could have been available with reasonable diligence at the time of the original proceeding. The court found that the evidence could have been obtained with reasonable diligence and was not credible enough to warrant its admission. Consequently, the application for leave to file fresh evidence was refused.