French v Bremner [2020] NSWCA 299

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: French v Bremner [2020] NSWCA 299 Hearing dates: 17 November 2020 Decision date: 19 November 2020 Before: Leeming JA; Emmett AJA. Decision: 1. Stand over the application to adduce additional evidence, in so far as it concerns evidence of the webinar dated 6 September 2020, to the hearing of the appeal. 2. Otherwise dismiss the notice of motion dated 30 October 2020. 3. Costs reserved. Catchwords: PROCEDURE – additional evidence on appeal – fresh and further evidence – requirement that evidence could not have been obtained with reasonable diligence at trial – application in substance refused Legislation Cited: Patents Act 1990 (Cth) Supreme Court 1970 (NSW), s 75A Cases Cited: Akins v National Australia Bank (1994) 34 NSWLR 155 Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd (2013) 86 NSWLR 115; [2013] NSWCA 392 French v Bremner [2019] NSWSC 1033 Hassan v Sydney Local Health District [2020] NSWCA 195 Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council [2010] NSWCA 64 Provident Capital Ltd (receivers and managers appointed) (in liq) v Andrew Boyd French [2015] NSWSC 1827 Tjiong v Tjiong [2012] NSWCA 201 Category: Procedural and other rulings Parties: Andrew Boyd French (Appellant) Christopher Bremner (First respondent) Gabrielle June Bakey (Second respondent) Representation: Counsel: Appellant / Applicant in person A Harding SC (First respondent)