Janet M. Gilchrist & ORS. v The Estate of the Late Sara Alexander Taylor

The case of *Janet M. Gilchrist & ORS. v The Estate of the Late Sara Alexander Taylor* concerned an appeal to the Court of Appeal of New South Wales. The dispute arose following a consent judgment entered into between the parties, where the plaintiff, Ms. Taylor, died shortly after the judgment was granted. The appellants, Ms. Gilchrist and others, sought to appeal the consent judgment, arguing they were entitled to a reduction in the damages payable due to the plaintiff's subsequent death.

The primary legal issue before the Court of Appeal was whether the appellants were entitled to a reduction in the amount of damages payable under the consent judgment, given the plaintiff's death shortly after its entry. A secondary issue involved the appellants' application to adduce further evidence on appeal, which required the Court to consider the scope of its discretion under section 75A of the *Supreme Court Act 1970* (NSW) in the context of an appeal by way of re-hearing.

The Court of Appeal dismissed the notice of motion to adduce further evidence, finding that the power conferred by section 75A should be construed within the appellate context and that the public interest in the finality of litigation weighed against admitting such evidence. Consequently, the summons for leave to appeal was also dismissed. The claimants were ordered to pay the respondent's costs.