Saverettiar v Saverettiar

Trial – New trial. The trial of claims brought by the respondent against the appellant had proceeded in the respondent's absence. The appellant's application for a new trial and for a stay of execution on the judgment was dismissed, as was his appeal. The Privy Council, in dismissing the appellant's appeal, held that it was not surprising that the trial judge had not accepted the appellant's explanation for having missed the trial. Further, the appellant's failure to produce any evidence to sustain his claim that he had a good defence had been fatal to any prospect of it succeeding. The judge had done his best on the basis of the available material and his approach, in the circumstances, was not to be faulted.

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