Goninan & Co Pty Ltd v Direct Engineering Services Pty Ltd

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GONINAN & CO PTY LTD -v- DIRECT ENGINEERING SERVICES PTY LTD [2007] WASCA 10



(2007) 33 WAR 182
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2007] WASCA 10
THE COURT OF APPEAL (WA)09/01/2007
Case No:CACV:78/200624 NOVEMBER 2006
Coram:PULLIN JA24/11/06
7Judgment Part:1 of 1
Result: Application dismissed
A
PDF Version
Parties:GONINAN & CO PTY LTD (ACN 000 333 196)
DIRECT ENGINEERING SERVICES PTY LTD (ACN 008 700 178)

Catchwords:

Appeals
Practice and procedure
Application to adduce additional evidence on appeal
Principles governing the exercise of discretion

Legislation:

Supreme Court (Court of Appeal) Rules 2005 (WA), r 47(3)(d)

Case References:

CDJ v VAJ (1998) 197 CLR 172
de la Espriella-Velasco v The Queen (2006) 31 WAR 291
Petrofina (UK) Ltd v Magnaload Ltd [1984] QB 127
Thiess Contractors Pty Ltd v Norcon Pty Ltd (2001) 11 ANZ Ins Cas 61-509; [2001] WASCA 364

Australian Electrical Electronics Foundry & Engineering Union Western Australian Branch v Hamersley Iron Pty Ltd (1998) 19 WAR 145
Bartlett v Jones, unreported; FCt SCt of WA; Library No 990073; 22 February 1999
Baugh­Belarde Construction Co v College Utilities Corp (1977) 561 P 2d 1211
Bradburn v Great Western Railway Co [1874] LR 10 Ex 1
Centrepoint Custodians Pty Ltd v Lidgerwood Investments Pty Ltd [1990] VR 411
Co-operative Bulk Handling Ltd v Jennings Industries Ltd (1995) 8 ANZ Ins Cas 61­286
Co­operative Retail Services Ltd v Taylor Young Partnership Ltd [2002] 1 WLR 1419
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337
Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64
Coulton v Holcombe (1986) 162 CLR 1
Fowkes v Manchester and London Assurance Association (1863) 3 B & S 917
Gates v City Mutual Life Assurance Society (1986) 160 CLR 1
Giblin v McMullen (1869) LR 2 PC 317
Hacai Pty Ltd v Rigil Kent Pty Ltd, unreported; FCt SCt of WA; Library No 960450; 19 December 1995
Haines v Bendall (1991) 172 CLR 60
Home Insurance Co v Pinski Bros Inc (1972) 500 P 2d 945
John Edwards & Company v Motor Union Insurance Company [1922 2 KB 249
Jones v Bartlett (2000) 205 CLR 166
L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235
Lackovic v Insurance Commission (WA) (2006) 31 WAR 460
Mason v Sainsbury (1782) 3 Dougl KB 61
Morris Ford Motor Co Ltd [1973] QB 792
Mostert v Durban Roodenpoort Deep Ltd [2005] WASCA 309
Neill v Duke of Devonshire (1882) 8 App Cas 135
Park v Brothers (2005) 80 ALJR 317
Robinson v Harman (1848) 1 Ex 840
Stafford Metal Works Inc v Cook Paint & Varnish Co (1976) 418 F Supp 56
Tate v Johnson (1953) 53 SR (NSW) 492
Trident General Insurance v McNiece Bros Pty Ltd (1988) 165 CLR 107
Visic v State Government Insurance Office (1990) 3 WAR 122
Water Board v Moustakas…
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Details
Case
[2007] WASCA 10
Decision Date

CaseChat Overview and Summary

The appeal was brought by Goninan & Co Pty Ltd against Direct Engineering Services Pty Ltd. The dispute centred around the admission of additional evidence during the appeal process. The High Court of Australia was the tribunal tasked with determining the appeal.

The legal issues at hand were whether the Court should exercise its discretion to permit the addition of new evidence on appeal and what principles should guide such a decision. The Court had to balance the need for a fair hearing against the potential for unnecessary delay and the preservation of the integrity of the original trial.

The Court, in its judgment, held that the discretion to permit additional evidence on appeal should be exercised sparingly. The Court outlined several principles to guide the exercise of this discretion, including the importance of finality, the potential impact on the opposing party, and the relevance and credibility of the proposed evidence. In this instance, the Court found that the proposed evidence did not meet the necessary criteria for admission and dismissed the application. The Court emphasised that the appeal process is not intended to be a retrial of the original matter, and the admission of new evidence should be the exception rather than the rule.

The final orders of the Court were straightforward: the application to adduce additional evidence on appeal was dismissed. This outcome reinforces the principle that appeals should generally be confined to the evidence and arguments presented at the original trial, unless exceptional circumstances warrant otherwise.

Orders

Orders of the court

Application 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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