Gattellaro v Westpac Banking Corporation

[2004] HCA 6
Judgment date
Case number
S77/2003
Before
Gleeson CJ, McHugh, Kirby, Hayne, Heydon JJ
Catchwords

Evidence – Judicial notice - Whether judicial notice can be taken that institutions such as the respondent use a standard form of guarantee.

Guarantee – Consequence of person named as co-surety not being shown to have executed guarantee.

Practice and procedure – High Court - Determination of appeal - Appellants' ground of appeal succeeds - Notice of Contention - Whether respondent should have leave to amend contentions sought in motion filed immediately before appeal hearing - Whether outstanding issues should be determined in intermediate appellate court.

Words and Phrases "judicial notice" – "common knowledge".

Contracts Review Act 1980 (NSW).

Evidence Act 1995 (NSW)
– s 144.

Supreme Court Rules 1970 (NSW) – Pt 15 r 13(2).

Files
6.rtf (61.3 KB)
6.pdf (115.98 KB)