DEVEREAUX-WARNES -v- HALL & ANOR [2006] WASCA 86
| Link to Appeal : |
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2006] WASCA 86 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:132/2005 | 15 MAY 2006 | |
| Coram: | WHEELER JA | 29/05/06 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Application to amend grounds of appeal dismissed Application to adduce new evidence dismissed | ||
| B | |||
| PDF Version |
| Parties: | SYLVIA KRISTEN DEVEREAUX-WARNES TANYA HALL PHILLIP RONALD WILSON as Executor of the estate of ANTHONY LAWRENCE PATRICK DUFFY (Dec) |
Catchwords: | New evidence of the fluctuation in value of assets Turns on own facts |
Legislation: | Nil |
Case References: | Hall & Anor v Philip Roland Wilson as Executor of the estate of Anthony Lawrence Patrick Duffy (Dec) & Anor [2005] WASC 207 Knight v Anderson (1997) 17 WAR 85 Mulholland v Mitchell [1971] AC 666 Atlantic 3-Financial (Aust) Pty Ltd v Marler [2004] 1 Qd R 579 Doherty v Liverpool District Hospital (1991) 22 NSWLR 284 Thomas v Bass [2006] WASCA 59 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : DEVEREAUX-WARNES -v- HALL & ANOR [2006] WASCA 86 CORAM : WHEELER JA HEARD : 15 MAY 2006 DELIVERED : 29 MAY 2006 FILE NO/S : CACV 132 of 2005 BETWEEN : SYLVIA KRISTEN DEVEREAUX-WARNES
- Appellant
AND
TANYA HALL
First Respondent
PHILLIP RONALD WILSON as Executor of the estate of ANTHONY LAWRENCE PATRICK DUFFY (Dec)
Second Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : MASTER NEWNES
Citation : HALL & ANOR -v- PHILIP ROLAND WILSON as Executor of the estate of ANTHONY LAWRENCE PATRICK DUFFY (Dec) & ANOR [2005] WASC 207
File No : CIV 1709 of 2004
(Page 2)
Catchwords:
New evidence of the fluctuation in value of assets - Turns on own facts
Legislation:
Nil
Result:
Application to amend grounds of appeal dismissed
Application to adduce new evidence dismissed
Category: B
Representation:
Counsel:
Appellant : Mr A J Aristei
First Respondent : Mr D M Bruns
Second Respondent : No appearance
Solicitors:
Appellant : Elizabeth Wiese & Associates
First Respondent : Hoffmans
Second Respondent : No appearance
Case(s) referred to in judgment(s):
Hall & Anor v Philip Roland Wilson as Executor of the estate of Anthony Lawrence Patrick Duffy (Dec) & Anor [2005] WASC 207
Knight v Anderson (1997) 17 WAR 85
Mulholland v Mitchell [1971] AC 666
Case(s) also cited:
Atlantic 3-Financial (Aust) Pty Ltd v Marler [2004] 1 Qd R 579
Doherty v Liverpool District Hospital (1991) 22 NSWLR 284
Thomas v Bass [2006] WASCA 59
(Page 3)
1 WHEELER JA: This is the appellant's application to adduce new evidence on the hearing of the appeal and to amend the grounds of appeal. The two applications are linked, since proposed grounds 1A and 2A refer to, and rely upon, the new evidence.
2 The background to the applications is as follows. On 22 September 2005, Master Newnes delivered judgment in a…
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CaseChat Overview and Summary
The legal issues before the court involved the appellant's attempt to amend the grounds of appeal and to adduce new evidence regarding the value of assets. The court had to determine whether the appellant was entitled to amend the grounds of appeal and whether the new evidence should be admitted. The court had to consider the principles of finality and fairness in family law proceedings, as well as the relevance and admissibility of new evidence.
The court found that the appellant's application to amend the grounds of appeal was not justified, as the new grounds did not arise from the original appeal but were instead a repackaging of the existing grounds. The court held that the application to adduce new evidence was also unsuccessful, as the evidence was not relevant to the original decision and would not have made a difference to the outcome. The court emphasised the importance of finality in family law proceedings and noted that the new evidence was not admissible as it was not relevant to the original decision. The court dismissed both applications and upheld the decision of the primary judge.
The orders of the court were that the application to amend the grounds of appeal and the application to adduce new evidence were both dismissed. The decision of the primary judge was upheld, and the appeal was dismissed.
Orders
Orders of the court
Application to amend grounds of appeal dismissed
Application to adduce new evidence dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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