DECEMBER 8 — Additional or fresh evidence is generally not allowed on appeal for a good reason. And it is simple.
A more recent exposition of the principle can be found in the judgement of the High Court of Australia, in the case of “A central and pervading tenet of the judicial system is that controversies, once resolved, are not to be reopened except in a few, narrowly defined, circumstances. That tenet prevents a party to a proceeding raising, in a new proceeding against a party to the original proceeding, a cause of action or issue that was finally decided in the original proceeding.
The power in the court to receive additional evidence looks wide. All that is required to be satisfied is that the additional evidence is necessary. However, the power is to be invoked as an exception more than a rule. The power in the court to receive additional evidence looks wide. All that is required to be satisfied is that the additional evidence is necessary. However, the power is to be invoked as an exception more than a rule. — Reuters pic
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