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Decisions of the Superior Courts of New South Wales, 1788-1899

Osborne v Lord [1825] NSWSupC 47

new trial - fresh evidence

Supreme Court of New South Wales

Forbes C.J., 3 October 1825

Source: Sydney Gazette, 6 October 1825


In the case of Osborne and another v Lord, in which a rule had been granted and cause shewn why a new trial should not be had, on the affidavit of the defendant, seting [sic] forth that most material evidence, and which was unknown to the deponent at the trial, had been since discovered, His Honor the Chief Justice delivered the opinion of the Court, and stated that he had looked into the cases on the subject, in all of which the affidavits were most particular in specifying the kind of evidence to be brought forward, in order that the Court should be satisfied as to the grounds for the application, and that the matter to be adduced was new.  New matter might in some cases be ground for relief, but it should be clearly shewn that the evidence to be brought forward was unknown to the applicant at the time of trial, and the Court so far put in possession of its nature as to be able to decide on the probability of it being material.  It appeared from all the authorities that the principle of law was decidedly against granting new trials, unless upon strong grounds; and, on a full view of the case then before the Court, His Honor was of opinion that sufficient cause had not been shewn for granting the application, and that the rule should be discharged --- Rule discharged.

Published by the Division of Law, Macquarie University