The Appellant appealed a Decision where it was found liable for breach of contract and negligence. The majority of the Court of Appeal upheld the Trial Judge’s findings on the Appellant’s liability and dismissed the Appeal.

O’Ferrall JA, in his dissenting opinion, would have allowed the Appeal. Rule 14.75 provides that the Court of Appeal may receive further evidence when deciding an Appeal. In the view of O’Ferrall JA, this matter required further evidence and/or argument. O’Ferrall JA also noted that an entirely new trial may not be necessary. The parameters of any trial continuation ought to be in accordance with the Court’s reasons but the dissenting opinion would leave it to the parties and the Trial Judge to decide how it would be accomplished. O’Ferrall JA noted that any conclusions made in the Court’s decision with respect to the issues directed to be addressed by the Trial Judge are not binding on the Trial Judge.