Bott v Suttons Motors Australia Pty Ltd Trading as Suttons City Holden

The appeal concerned a dispute between Mr Bott and Suttons Motors Australia Pty Ltd trading as Suttons City Holden. Mr Bott sought to appeal a decision, but his appeal was challenged by Suttons on procedural grounds. The matter came before the Court of Appeal of New South Wales, comprising Ipp JA, Tobias JA, and Young CJ in Eq.

The primary legal issues before the Court of Appeal were whether Mr Bott had adequately identified the grounds of his appeal, thereby contravening the requirements of Part 51, Rule 11 of the *Supreme Court Rules 1970* (NSW), and whether Mr Bott should be permitted to introduce new evidence or file further submissions.

The Court found that Mr Bott's applications for leave to lead new evidence and to file further submissions were without merit and therefore dismissed them with costs. Furthermore, the Court refused Mr Bott leave to file a fourth amended notice of appeal. Crucially, the Court upheld Suttons' application to strike out Mr Bott's third amended notice of appeal, finding that it failed to adequately identify the grounds of appeal as required by the Rules. Consequently, Mr Bott was ordered to pay Suttons' costs.