Scuderi v Batticciotto [1999] FCA 1587

FEDERAL COURT OF AUSTRALIA Scuderi v Batticciotto [1999] FCA 1587 APPEALS – fresh evidence - appeal from judgment of Full Court of ACT Supreme Court setting aside order of Master and ordering retrial of action - whether Full Court of ACT Supreme Court erred in ordering retrial of action, on basis of subsequent fresh evidence – discussion of test to be applied by Court when deciding whether to disturb judgment on basis of fresh evidence - no error by Full Court. Orr v Holmes (1948) 76 CLR 632 followed Greater Wollongong Corporation v Cowan (1955) 93 CLR 435 followed Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 referred to VINCENT SCUDERI v CHARLES BATTICCIOTTO A 41 OF 1999 SPENDER, HILL, TAMBERLIN, SACKVILLE and EMMETT JJ 12 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 41 OF 1999

DISTRICT REGISTRY

ON APPEAL FROM A FULL COURT OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: VINCENT SCUDERI

Appellant

AND: CHARLES BATTICCIOTTO

Respondent

JUDGES: SPENDER, HILL, TAMBERLIN, SACKVILLE

and EMMETT JJ DATE OF ORDER: 12 NOVEMBER 1999 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 41 OF 1999

DISTRICT REGISTRY

ON APPEAL FROM A FULL COURT OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: VINCENT SCUDERI

Appellant

AND: CHARLES BATTICCIOTTO

Respondent

JUDGES: SPENDER, HILL, TAMBERLIN, SACKVILLE

and EMMETT JJ DATE: 12 NOVEMBER 1999