Wallbank v Fisher

The appeal in *Wallbank v Fisher* concerned an application by the appellant to depart from the approach it had taken at trial regarding an issue of damages. The appeal was heard by McColl JA and Fullerton J.

The primary legal issue before the court was whether there were exceptional circumstances that would justify permitting the appellant to adopt a different stance on the assessment of damages than that presented during the initial trial.

The court determined that no such exceptional circumstances existed. Consequently, the appeal was dismissed. The appellant was ordered to pay the respondent's costs, including on an indemnity basis, for a specified period between 27 February 2008 and 28 February 2008.