Read the full judgment text of CACV 000050/1978 on BabelCite. This Court of Appeal judgment was delivered on 2 October 1979 before Roberts, C.J., Huggins, J.A. & Leonard, J..
Civil procedure – appeal – payment into court – deletion of references – recusal – costs – solicitors' costs – personal injuries – damages – assessment of future earning capacity – motor vehicle accident on 19 August 1974 – personal injuries – damages awarded $87,540 – appeal on quantum only – reference to payment amount in judgment and formal order – failure to delete from appeal papers – court inadvertently saw amount – whether court should continue hearing – court adjourned to avoid prejudice – solicitors ordered to pay wasted costs personally – Court held that it is the duty of appellant's solicitors to delete any reference to the amount paid into court from all papers submitted to the Court of Appeal, but the fact of payment need not be deleted – failure to do so resulted in adjournment and costs order against solicitors
Legal issues: Effect of Court's knowledge of payment into court on appeal hearing
Outcome: Appeal adjourned to be heard before another division of the Court of Appeal.