Court Of Appeal Procedure

Kendirjian v Ayoub [2008] NSWCA 194

Beazley and McColl JA

In Brief

• A practitioner has a positive statutory duty to assist the Court of Appeal in providing adequate written submissions prior to the hearing of the matter;

• In the event a practitioner is inadequately prepared, the Court may exercise its discretion to order that the practitioner(s), personally bear the wasted costs, pursuant to s 99 of the Civil Procedure Act 2005, and

• It is not material whether surveillance relied upon in proceedings is infrequent or of short duration. The significance of surveillance is whether it depicts a conflict between what is observed during surveillance and the evidence given by the Appellant. In circumstances where such conflict arises, there must be significant doubt as to the Appellant's credit.