Liberty Insurance Ltd.(1967 116 C.L.R.177).Learned counsel for the first respondent further submitted that the affidavit dated July 14,2004 was not placed by the appellant before the IPAB nor any reference of the said affidavit has been made in the written submissions before the IPAB and the appellant also did not make any effort to amend the pleadings that the first respondent was not an aggrieved person