GRGIC v ANZ BANKING GROUP LTD [1992] NSWCA 98

GRGIC v ANZ BANKING GROUP LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 10 August 1992, 10 August 1992

[1992] NSWCA 98

PRACTICE and PROCEDURE — Court of Appeal — fresh evidence on appeal — alleged confession that documents giving rise to debt forged — motion to enlarge evidence in appeal — whether should be allowed — limits on access to affidavits and exhibits — possible criminal proceedings — (1) Motion adjourned to be heard with appeal. Radnedge v Government Insurance Office of New South Wales (1987) 9 NSWLR 235 (CA); Nicholls vy Carpenter [1974] 1 NSWLR 369 (CA) referred to; (2) Access to documents limited for a time.

Kirby P This is a very unusual case. Lusher AJ on 20 February 1990 decided proceedings between the Australia and New Zealand Banking Group Ltd (the bank) and Fralo Grgic (the appellant). The appellant has appealed to this Court from his Honour's judgment.

Involved in the resolution of the matter before Lusher AJ was a question as to whether certain instruments, apparently signed by the appellant, were in fact signed by him or by some other person. Lusher AJ determined, on the balance of probabilities, that the instruments were signed by the appellant.

Having regard to the way in which his Honour expressed that decision, by reference amongst other things to the impression which witnesses had made upon him, Mr Grgic would have difficulty in disturbing that decision in this Court consistent with the authority of the High Court and of this Court relating to the comparative advantage of a trial judge in judging truth from the appearance of witnesses giving their evidence.

The appeal has been set down for hearing before the Court on 11 September 1992. Meanwhile, a motion has now been filed for the purpose of enlarging the record to permit certain fresh evidence to be placed before the Court.