PANGAS v NEWJUR PTY LIMITED [1996] NSWCA 419

PANGAS v NEWJUR PTY LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P 17 June 1996

[1996] NSWCA 419

Mahoney P. This matter comes before the Court as part of a series of litigious proceedings which, I think I am permitted to know, apparently commenced as far back as 1979 and are still proceeding. The costs of the applications must no doubt have been extraordinarily large having regard to the length of time involved; but that is not a matter upon which I need express any opinion.

Application has been brought to this Court today in relation to two matters. Firstly, an application has been made that the claimants be granted leave to adduce fresh evidence in the appeal proceedings, evidence additional to the evidence given in the Court below. There is an appeal pending in relation to an order made by Mr Justice Bryson and it is sought on the hearing of that appeal to adduce fresh evidence.

The rules and the practice contemplate that the appropriate documentation having been filed prior to that time, applications for leave to adduce fresh evidence should be made at the time of the hearing. It is difficult to understand why the present application has been brought. It has been said that it was brought because of orders made by Mr Justice Sheller in November last. Perusal of those orders does notindicate that his Honour made any order which would warrant such an application. It is said, however, that something was said by his Honour orally which has not been carried into the orders which have been set forth in the Court papers. However that be, it is clear that the application for leave to adduce fresh evidence is not to be dealt with by me today. It will be dealt with by the Court on the hearing of the appeal. I so direct.

The second application which is before the Court relates (I put the matter generally) to a sale which apparently is proposed to be effected of the property which is here in question. On 29 November 1995 Mr Justice Sheller made orders by way of stay of the orders made by Mr Justice Bryson on 22 November 1995.