Tomanovic v One Australia Pty Ltd

The appeal concerned a dispute between Tomanovic and One Australia Pty Ltd, heard by the Court of Appeal of New South Wales. The primary judge had made findings regarding the valuation of the company, which the appellants sought to challenge.

The legal issues before the Court of Appeal included whether the appellants should be granted leave to amend their notice of appeal to introduce a new ground of appeal shortly before the hearing, and whether the primary judge had erred in accepting a valuation of the company that was significantly lower than its book value, considering the conflicting expert evidence presented.

The Court refused leave to amend the notice of appeal, finding that the proposed new ground could have been raised at the hearing and that evidence in support of it could have been led at that time. Regarding the valuation, the Court held that the primary judge was entitled to accept the valuation presented by the respondent's expert, even though it differed from the book value and other expert opinions, as the judge had properly weighed the conflicting evidence and applied appropriate legal principles in reaching their conclusion.

Consequently, the appeal was dismissed, and the appellants were ordered to pay the respondents' costs of the appeal.