Black v Inghams Enterprises Pty Ltd

In the matter of Black v Inghams Enterprises Pty Ltd, the dispute arose from the appellant's attempt to adduce late evidence in the context of a workers' compensation claim. The case was heard in the New South Wales Court of Appeal. The appellant sought to introduce evidence that was not available at the time of the original hearing, which the respondent argued was prejudicial and should not be considered. The appeal was focused on whether the trial judge had erred in not admitting the late evidence.

The primary legal issue the court needed to address was whether the trial judge's decision to reject the late evidence was an error in the exercise of discretion. The court referenced the decisions in Micallef v ICI Australia Operations Pty Ltd and Hamod v State of New South Wales, which established criteria for admitting late evidence. The court also examined whether there were alleged errors of fact that could have influenced the trial judge's decision, drawing on the principles set out in Whiteley Muir & Zwanenberg Ltd v Kerr. The appellant contended that the evidence was critical and would have altered the outcome of the case, while the respondent maintained that the late introduction of evidence was unjust and could disrupt the fairness of the proceedings.

The court found that the trial judge had not erred in declining to admit the late evidence. The evidence presented by the appellant did not meet the stringent criteria set out in the relevant case law for late admissions. The court emphasised that the trial judge had broad discretion in managing the admission of evidence and had exercised that discretion appropriately. The court also determined that there were no significant errors of fact that warranted a reversal of the trial judge's decision. Consequently, the appeal against the interlocutory order was dismissed, and the Arbitrator’s Certificate of Determination was upheld.

The court granted leave to appeal the interlocutory order under the relevant statute, but denied the appellant's application to adduce further evidence on the appeal. The Arbitrator’s Certificate of Determination, dated 16 July 2020, was confirmed, maintaining the original decision.