Wiltshire v Amos

The appeal in Wiltshire v Amos involved the appellant, a barrister, and the respondent, who retained the appellant for professional advice. The respondent alleged that the appellant had breached his duty by not exercising reasonable care and skill, resulting in the respondent suffering loss and damage. The primary dispute was whether the appellant had advised the respondent on the prospects of setting aside a judgment on the grounds of fraud, and if this advice was incorrect. The matter was brought before the court following a decision in the District Court of New South Wales.

The primary legal issue before the court was whether fresh evidence, which the appellant sought to introduce, should be admitted. This evidence suggested that the respondent had previously raised the issue of fraud and received advice on it before retaining the appellant. The respondent argued that this evidence was not relevant to the issues in the proceeding and that the appellant had failed to use reasonable diligence to obtain the necessary documents. The court had to determine whether the fresh evidence was admissible and, if so, whether it warranted a new trial.

The court found that the fresh evidence provided by the appellant was relevant and should be admitted. It considered that the evidence had a significant impact on the issues at hand and could potentially alter the outcome of the case. Consequently, the court held that the judgment and order of the District Court should be set aside, and a new trial should be ordered. The court also ordered that the costs of the District Court trial would be borne by the appellant, while the respondent was to pay the appellant's costs for the appeal.

In summary, the court allowed the appeal, set aside the previous judgment, and ordered a new trial to address the fresh evidence. The costs associated with the District Court trial and the appeal were allocated between the parties in a manner that reflected the court's findings regarding the admissibility of the fresh evidence and the overall conduct of the case.