Lawrence v Gunner (No 3)

Case

[2016] NSWCA 18

19 February 2016


Details
AGLC Case Decision Date
Lawrence v Gunner (No 3) [2016] NSWCA 18 [2016] NSWCA 18 19 February 2016

CaseChat Overview and Summary

In *Lawrence v Gunner (No 3)*, the appellants sought to vary an existing stay, join additional parties to the appeal, and obtain leave for subpoenas for the production of documents. The respondent sought to strike out an amended cross-claim. The proceedings were before Gleeson JA.

The primary legal issues before the court were whether there had been a material change in circumstances or the discovery of new material not reasonably obtainable during the trial, which would constitute special grounds for admitting further evidence. The court also considered whether the appellants had established a legitimate forensic purpose for their applications concerning subpoenas and whether any relevant error by the primary judge had been identified to warrant striking out the amended cross-claim.

Gleeson JA dismissed the appellants' application to vary the stay, finding that no special grounds for further evidence had been established and no legitimate forensic purpose was identified for the subpoena applications. The court also dismissed the respondent's motion to strike out the amended cross-claim, indicating no relevant error of the primary judge was identified. The court made specific orders regarding the costs of various interlocutory applications and amendments.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Injunction

  • Jurisdiction

  • Res Judicata

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Cases Citing This Decision

7

Whall v Stamp [2019] NSWCA 163
Misrachi v Public Guardian [2019] NSWCA 67
Cases Cited

11

Statutory Material Cited

4

Lawrence v Gunner [2015] NSWCA 322