Day v Perisher Blue Pty Ltd

The appeal in *Day v Perisher Blue Pty Ltd* was brought by the plaintiff against the defendant, Perisher Blue Pty Ltd, following a verdict and judgment in favour of the defendant. The dispute concerned the conduct of witnesses and solicitors during the proceedings. The appeal was heard by Sheller and McColl JJA, and Windeyer J.

The central legal issue before the court was whether the conduct of the defendant's solicitors in coaching a witness amounted to a miscarriage of justice, thereby warranting a new trial. The court was required to determine the implications of such conduct on the fairness of the trial process and the integrity of the evidence presented.

The Court of Appeal found that the conduct of the defendant's solicitors in coaching a witness constituted a serious impropriety and a miscarriage of justice. The court reasoned that witness coaching undermines the adversarial system and the reliability of evidence. Consequently, the appeal was allowed, the verdict and judgment in favour of the defendant were set aside, and a new trial was ordered. The defendant was ordered to pay the plaintiff's costs of the original hearing and the costs of the appeal, with a potential certificate under the Suitors' Fund Act. Furthermore, the defendant's solicitors were given an opportunity to show cause why the judgment and appeal papers should not be referred to the Legal Services Commissioner.