Whisprun Pty Ltd v Dixon (No 2)

The High Court of Australia heard an appeal by Whisprun Pty Ltd against orders made by the Court of Appeal of New South Wales. The dispute concerned the admission of further evidence in an appeal before the Court of Appeal.

The primary legal issue before the High Court was whether the Court of Appeal had erred in its decision regarding the admission of "further evidence" and the subsequent disposition of the appeal. The High Court was required to determine the appropriate course of action for the Court of Appeal in light of the circumstances surrounding the proposed further evidence.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal. It remitted the matter back to the Court of Appeal with directions to determine whether the further evidence should be admitted and to take all necessary steps to dispose of the appeal, including determining the costs of the trial. The respondent was ordered to pay the costs of the appeal to the High Court and the proceedings in the Court of Appeal to date, with each party bearing their own costs for the notice of motion.