Event and Time
Event Description
The case involves an appeal by Andrew Boyd French against the dismissal of his cross-claim and the relief granted to Dr. Bremner following a complex nine-day trial. The appeal focuses on the introduction of additional evidence that French argues demonstrates he did not receive a fair trial.
Application and Claims
French seeks permission to admit additional evidence through an affidavit, highlighting various claims regarding alleged misconduct in the trial proceedings, issues with his former lawyer, and new information related to the trial. He specifically points to:
- Inadequate representation by his previous lawyer.
- A significant webinar held after the trial that discusses an invention pertinent to his claims.
- Serious allegations against the legal representatives of Dr. Bremner that he believes impacted the trial proceedings.
French asserts that this new evidence is essential to demonstrate a lack of fairness in the initial court ruling.
Judicial Decisions
1. The court decided to temporarily stand over the application concerning the webinar evidence until the main appeal hearing. 2. The majority of the additional evidence Mr. French wished to present at the appeal was dismissed. 3. Costs were reserved for further determination.
Dispute Points and Legal Basis
Dispute Points
- Mr. French's Claims:
- Allegations of a lack of fair trial due to actions by the court and his legal representatives. - Belief that the emails from his former lawyer and other documents prove he was misrepresented. - The assertion that the new evidence, including the webinar, supports his case.
- Response from Respondents:
- The respondents argue that the evidence could have been obtained with reasonable diligence before the trial. - Questions regarding the credibility and relevance of the additional evidence presented. - Emphasis on the procedural appropriateness of excluding documents from consideration that did not appear in the original trial.