Battiato v Lagana [1991] QSCFC 150

TRANSCRIPT OF PROCEEDINGS State Reporting Bureau, 4th Floor, The Law Courts, George Street, BRISBANE. O. 4000 Tel. (07) 227.4360 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) REVISED COPIES ISSUED r.oiirl R(»nnrtina Bureau 1 Pate ; // / /( / 7/ SUPREME COURT OF QUEENSLAND FULL COURT THOMAS J DERRINGTON J MOYNIHAN J No 36 of 1991 GERARD BATTIATO Appellant and GUISEPPE LAGANA Respondent BRISBANE ..DATE 10/10/91 11.00 A.M. ..DAY 1 1 [1991] QSCFC 150 -- 1 of 2 -- 1 10 20 30 40 50 60 1 10 20 ( rv_ 30 c 40 c 50 60 101091 D.l JUDGMENT MR JUSTICE THOMAS: The Court is of the view that para 4(c) (ii) of the proposed Notice of Appeal raises new material which could not properly be dealt with by the respondent, that it was not raised at he trial, and that it is too late to raise it on appeal- Accordingly we would not be disposed to grant leave to amend the Notice of Appeal to include that point. So far as the rest of the proposed amendment is concerned we wonder whether any amendment is necessary in that you would be entitled td cover that ground on the existing Notice of appeal in any event. . MR JUSTICE THOMAS: The application to amend will be refused. -- 2 of 2 --