Avora v Maxwell

The Full Court of the Supreme Court of Western Australia heard an appeal concerning alleged misleading and deceptive conduct under section 42 of the *Fair Trading Act 1987* (WA). The appellants, Avora, sought to introduce fresh evidence on appeal, which the respondents, Maxwell and others, opposed.

The primary legal issues before the Full Court were whether the appellants had established a sufficient basis for the admission of fresh evidence on appeal, and whether the original decision, which found no misleading or deceptive conduct, should be overturned. The Court was required to consider the principles governing the admission of fresh evidence in appellate proceedings, particularly the requirement of due diligence.

The Full Court dismissed the appeal, finding that the appellants had not demonstrated that the fresh evidence could not, with due diligence, have been obtained for the trial. The Court applied established principles regarding the admission of fresh evidence, emphasising that such evidence should not be admitted if it could have been discovered and produced at the trial by the exercise of reasonable diligence. Having found no error in the original decision and no basis for admitting the fresh evidence, the appeal was dismissed.

The appellants were ordered to pay the costs of all respondents.