Pickering v McArthur

Pickering v McArthur involved an appeal against the refusal of the primary judge to admit fresh evidence in the form of affidavits. The appellants sought to introduce these affidavits to counter the respondent’s claim that they had delayed in bringing their case to court. The central issue was whether the fresh evidence was relevant, not discoverable before the hearing, and admissible. The court also considered whether the delay in bringing the case was due to the appellants' conduct or a medical condition.

The court examined the circumstances of the delay and found that it resulted from the appellants' conduct. The appellants had not demonstrated that the delay was due to a medical condition or any other factor that would excuse it. The court held that the affidavits were not relevant to the issues before the court, as they did not provide evidence of the appellants' efforts to progress the proceedings. The court also found that the affidavits contained evidence that was discoverable before the hearing and that the appellants had not demonstrated that the evidence was not discoverable.

The appeal was dismissed, and the application to adduce further evidence was refused. The court found that the primary judge had not erred in refusing to admit the fresh evidence and that the appellants had not demonstrated any grounds for interfering with the primary judge's decision. The court also held that the delay in bringing the case was due to the appellants' conduct, and that the appellants had not demonstrated any grounds for excusing the delay. The appeal was dismissed with costs, including the costs of the application to adduce further evidence.