NSW Caselaw
New South Wales Court of Appeal
CITATION: ABLE DOOR SERVICES Pty Ltd v LOWE [2005] NSWCA 483
HEARING DATE(S): 27/05/2005
JUDGMENT DATE: 27 May 2005
JUDGMENT OF: Bryson JA at 1; Mason P at 25; Rothman J at 27
DECISION: Appeal allowed - see para [24]
CATCHWORDS: COURTS and JUDGES - conduct of trial - limiting issues on new trial - trial Judge introduced important new issue when judgment was reserved, amended application and awarded remedies on basis not alleged at hearing and not the subject of evidence. Decision set aside and order for re-hearing before another Judge - consideration of principles on which Court of Appeal limits issues on new trial.
Suitors' Fund Act 1951 s.6(1) & (2) LEGISLATION CITED: Workers Compensation Act 1987 (NSW) ss.40, 60, 66 & 67
de Beever v Katsirilos [1971] VR 401 Hutchinson v Piper (1812) 4 Taunton 555 at 557, 128ER 447 CASES CITED: Pateman v Higgin (1957) 97 CLR 521 Smith v The NSW Bar Association (1992) 176 CLR 256 Trustees of the Roman Catholic Church v Hogan (2001) 53 NSWLR 343
Able Door Services P/L - Appellant PARTIES: David Lowe - Respondent
FILE NUMBER(S): CA 40627/04
G.E. Watson SC & M. Batten - Appellant COUNSEL: Ms E. Walsh - Respondent
Stephen Joseph Lee, Vandervords - Appellant SOLICITORS: Deborah Ens, Kells The Lawyers - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 11451/02
LOWER COURT JUDICIAL OFFICER: Walker DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40627/04
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