Rix v Mahony [2012] NSWCA 241

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rix v Mahony [2012] NSWCA 241 Hearing dates: 30 July 2012 Decision date: 30 July 2012 Before: Campbell JA at [1] Meagher JA at [7] Barrett JA at [8] Decision: Evidence not admitted. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - procedure - application to adduce further evidence on appeal - assertion that evidence should have been before judge in earlier proceedings and would, if admitted, create res judicata estoppel against conclusions of judge in decision appealed from - not correct formulation of res judicata - application refused

WORDS AND PHRASES - "res judicata" Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Frederick George Rix v Lisa Jane Mahony [2009] NSWSC 675 Frederick Rix v Lisa Mahoney [2011] NSWSC 1308 Category: Interlocutory applications Parties: Frederick George Rix (Appellant) Lisa Jane Mahony (First Respondent) Dennis Anthony Mahony (Fifth Respondent) Representation: Counsel: Self-Represented (Appellant) G Kennett SC; F Ramsay (First and Fifth Respondents) Solicitors: Self-Represented (Appellant) Paul Wells & Co (Respondents) File Number(s): 2011/86859 Decision under appeal Jurisdiction: 9111 Citation: Frederick Rix v Lisa Mahony [2011] NSWSC 1308 Date of Decision: 2011-11-02 00:00:00 Before: Bergin CJ in Eq File Number(s): 2011/86859