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Appeal, party bound by conduct of case at first instance

Transfield Services (Aust) Pty Ltd v Wicks (No 2) [2012] NSWWCCPD 77. Roche DP. 20.12.12.

180. Moreover, a party is normally bound by the conduct of his or her case at first instance: University of Wollongong v Metwally (No 2) [1985] HCA 2860 ALR 68, at 71.

A point may be raised for the first time on appeal where the point could not possibly have been met by evidence led at the trial below: Suttor v Gundowda Pty Ltd [1950] HCA 3581 CLR 418 at 438Coulton v Holcombe [1986] HCA 33162 CLR 1, at 6–7, or where it is in the interests of justice and would not cause prejudice to the respondent: Water Board v Moustakas [1988] HCA 12180 CLR 491 at 498.








Icejade Pty Ltd t/as Ryan's Hotel v Summers [2012] NSWWCCPD 31. O'Grady DP.

In [41] A party is bound by the conduct of his or her case at arbitration: University of Wollongong v Metwally (No 2) (1985) 60 ALR 68 at 71, and it is not open to argue on appeal that an Arbitrator has erred in failing to refer to evidence to which neither party drew attention: Brambles Industries Ltd v Bell [2010] NSWCA 162.

 

 

 

 

 

 

 

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