Poulton v Conrad

The appeal concerned Poulton (appellant) and Conrad (respondent) before the Full Court of the Supreme Court of South Australia. The dispute revolved around the appellant's attempt to raise a new ground of appeal that had not been pursued in an earlier, intermediary appeal.

The central legal issue before the Full Court was whether the appellant should be permitted to rely on a ground of appeal that had been abandoned during the intermediary appeal, despite having been raised at trial. The court was required to consider the principles governing the raising of new points on appeal, particularly where doing so would prejudice the respondent's ability to have sought a cross-appeal in the prior proceedings.

The Full Court reasoned that the appellant's notice of appeal ought to be confined to the scope of the arguments presented and considered in the intermediary appeal. To allow the appellant to resurrect a point abandoned on the intermediary appeal would unfairly deny the respondent the opportunity to have sought a cross-appeal at that earlier stage. Consequently, the court dismissed the appeal.