GIBSON v COB SUPPLY CO PTY LIMITED; COB SUPPLY CO PTY LMITED v GIBSON [1996] NSWCA 209

GIBSON vy COB SUPPLY CO PTY LIMITED; COB SUPPLY CO PTY LMITED v GIBSON

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P

1 July 1996

[1996] NSWCA 209

Mahoney P. This matter comes before the Court on a motion for leave to add grounds of appeal to the supplementary grounds of appeal already filed. The position appears to be that in the appeal papers, which have been filed in the appeal of Gibson v Cob Supply Company Pty Limited (Court of Appeal matter 40407/93), there is a notice of appeal which is desired to be supplemented by the document which I have initialled this morning and placed with the papers.

In my judgment of 12 December 1994 I referred to this matter generally.

Looking at the allegations contained in that document the following appears. Mr Gibson desired on the hearing of the appeal to which I have referred to bring fresh evidence in support of his appeal. That fresh evidence includes amongst other things evidence alleging (I use the term generally) fraud against various parties.

When the terms of the fresh evidence which Mr Gibson seeks leave to adduce at the hearing are examined, it appears — and he has expanded the matter in answer to questions from the bar table this morning — that he desires to make allegations againstthe solicitors for the defendants at the trial, the barristers appearing for them, the insurer and a series of solicitors whom he has previously engaged or approached.

He desires to set up, and I do not attempt to limit the allegations that he has made in the present matter, that these people apparently withheld documents from the court, that they attempted to mislead the judge upon the trial, that his solicitors attempted to keep the matter from coming on for hearing and other matters to which reference is made in the notice of motion.

These matters appearing to be or to be included in the matters that he wishes to raise, it is apparent in my opinion that the matters to be raised are not proper to be raised as on a notice of appeal or as on the hearing of appeal. His remedy, if he has any, is to bring a separate proceeding to set aside the judgment that has been given against him by Mr Justice Newman.