Riordan v Cross

In the matter of Riordan v Cross, the respondent sought leave to add a new ground of appeal in ex parte proceedings in the New South Wales Court of Appeal. The dispute centred on the respondent's application to add a ground of appeal concerning the respondent's conduct during the proceedings. This application was made outside the usual time frame for such applications and was considered belated. The primary legal issues the court had to decide were whether the Court had jurisdiction to entertain the belated application and whether the respondent's conduct warranted the addition of a new ground of appeal.

The court examined the statutory framework and relevant rules governing such applications. It was determined that the Court had jurisdiction to consider the belated application, particularly in light of the Court's inherent jurisdiction to regulate its own procedures. The court also considered whether the respondent's conduct was sufficiently egregious to warrant the addition of a new ground of appeal. Ultimately, the court found that the respondent's conduct did not justify the addition of a new ground of appeal, as the existing grounds were sufficient to address the issues raised. The belated application was therefore dismissed.

The court emphasised the importance of strict compliance with procedural rules and regulations in such matters, while also recognising the Court's ability to exercise discretion in exceptional circumstances. In this case, the Court found that the respondent's conduct did not reach the threshold for exceptional circumstances. The final orders of the court were that the application to add a new ground of appeal was dismissed, and the respondent was ordered to pay the appellant's costs of the application.