Monie v the Commonwealth

In *Monie v the Commonwealth*, the plaintiffs appealed to the Court of Appeal of New South Wales against a judgment entered in favour of the defendant. The central issue on appeal concerned the significant delay by the trial judge in delivering judgment after the conclusion of the hearing.

The Court of Appeal was required to determine the appropriate approach to be taken on appeal when there has been a substantial delay in the delivery of a trial judge's reasons for judgment. Specifically, the court had to consider whether such a delay could vitiate the findings of fact made by the trial judge and, if so, what consequences should follow.

The Court of Appeal reasoned that a significant delay in delivering judgment could impair the reliability of the trial judge's findings of fact, as the judge's recollection of the evidence and the nuances of the case might be diminished. This principle led the court to conclude that the judgment in favour of the defendant should be set aside. Consequently, a new trial was ordered on all issues, with the costs of the first trial to be reserved for the judge presiding at the new trial. The defendant was ordered to pay the plaintiffs' costs of the appeal.