Currie v Liston

Currie (the appellant) appealed a decision of the District Court against Liston (the respondent). The dispute concerned the appellant's application to amend the grounds of appeal before the Court of Appeal.

The primary legal issue before the Court of Appeal was whether to grant the appellant leave to amend the grounds of appeal. This question was considered in light of the potential impact such an amendment might have had on how the case was conducted in the court below.

The Court of Appeal refused the application to amend the grounds of appeal. The reasoning was that allowing the amendment would fundamentally alter the nature of the appeal and suggest that the case might have been conducted differently at trial had these grounds been raised earlier. The court considered that it was not appropriate to permit such a significant shift in the appeal's focus at that stage.

The appeal was dismissed.