Lowe v Pascoe (No 2) [2012] NSWSC 885

Supreme Court New South Wales

Medium Neutral Citation: Lowe v Pascoe (No 2) [2012] NSWSC 885 Hearing dates: 30 July 2012 Decision date: 03 August 2012 Jurisdiction: Equity Division Before: Gzell J Decision: Cash payments journals and expert report in relation to them admitted as evidence in fresh trial. Catchwords: PROCEDURE - Fresh Trial - judge unable to conclude application to re-open - principles applicable to re-opening no longer applicable - whether cash payments journals deliberately withheld from discovery at trial admissible as material relevant to fresh trial Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Cases Cited: Smith v New South Wales Bar Association (1992) 176 CLR 256 Urban Transport Authority of NSW v Nweiser (1991) 28 NSWLR 471 Lowe v Pascoe [2010] NSWSC 388 O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 Fidelitas Shipping Co Ltd v V/O Exportchleb [1966] 1 QB 630 Category: Interlocutory applications 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 (Plaintiffs) J Stoljar SC (First defendant) D Williams SC with J D Little (Fifth and sixth defendants) Solicitors: Holding Redlich (Plaintiffs) Argyle Lawyers (First defendant) CLS Legal (Fifth and sixth defendants) File Number(s): SC 2005/262284