Lowe v Pascoe [2012] NSWSC 740

Supreme Court New South Wales

Medium Neutral Citation: Lowe v Pascoe [2012] NSWSC 740 Hearing dates: 29 June 2012 Decision date: 29 June 2012 Jurisdiction: Equity Division Before: Gzell J Decision: Evidence before original judge to be evidence in fresh trial without need to recall witnesses. Additional evidence, examination and cross-examination limited to unresolved questions if allowed by new judge Catchwords: PROCEDURE - Fresh Trial - judge unable to conclude part heard trial - Civil Procedure Act 2005, s 89 - whether any additional evidence should be limited to questions unresolved or whether parties have right to tender evidence and cross-examine generally witnesses called before original judge Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1995 (Qld) Cases Cited: Lowe v Pascoe [2012] NSWSC 151 Brennan v Brennan (1953) 89 CLR 129 Wentworth v Rogers (No 3) (1986) 6 NSWLR 642 Chua Chee Chor v Chua Kim Yong [1962] 1 WLR 1464 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 Travelex Ltd v Commissioner of Taxation of the Commonwealth of Australia [2010] HCA 33; (2010) 241 CLR 510 Category: Procedural and other rulings Parties: Geoffrey Alan Lowe (First Plaintiff) Mary Lowe (Second Plaintiff) Scott Pascoe (First Defendant) Margaret Sze Tu (Second Defendant) Helen Sze Tu (Third Defendant) Janet McNamara (Fourth Defendant) Shiu Shing (Sunly) Sze Tu (Fifth Defendant) Shie How (Gordon) Sze Tu (Sixth Defendant) Representation: Counsel: C R C Newlinds SC with C H Withers (First and second plaintiffs) J Stoljar SC (First defendant) D Williams SC with J D Little (Fifth and sixth defendants) Solicitors: Hamilton, James Angus (Plaintiffs) Argyle Lawyers (First defendant) CLS Legal (Fifth and sixth defendants) File Number(s): SC 2005/262284