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CIVIL PROCEDURE - Appeals - Fresh evidence - Powers of appellate court

Friday, April 20, 2018 @ 8:43 AM  

Application by the appellants, Red Branch Investments Limited (Red Branch) and Wright, to adduce fresh evidence and reopen their appeal. The decision under appeal found that half of Red Branch's royalty interest in an undeveloped potash mine in Thailand belonged to the respondent, Long. Wright was one of three directors of Crew Capital. Each of the directors purchased a one-third share of the royalty interest, and each arranged to transfer his share to a nominee. Wright chose his friend Long. Long paid for the interest by...