State of New South Wales v Nash

The case of *State of New South Wales v Nash* concerned an appeal and a cross-appeal before the Court of Appeal of New South Wales. The appellant sought to introduce new grounds of appeal, including allegations that the judgment below was procured by fraud, and to rely on new evidence in support of these grounds. The respondent sought to have the notice of appeal dismissed.

The primary legal issues before the court were whether the appellant should be permitted to add grounds of appeal based on fraud, and whether the appellate court was the appropriate forum to try such allegations, particularly where fraud was not admitted and the new evidence was not incontrovertible. The court also considered the respondent's application to dismiss the appeal.

Barrett AJA held that it was not appropriate for the question of fraud to be tried by an appellate court, especially in the absence of an admission of fraud and where the proposed new evidence was not incontrovertible. The court made several orders regarding the admission and use of specific documents for the purpose of proving steps taken to institute criminal prosecutions and the willingness of a witness to give evidence. The court dismissed the appellant's claims in prayers 3 and 4 of their notice of motion and also dismissed the respondent's motion to dismiss the appeal. No order was made as to costs, with each party to bear their own.