French v Bremner

In *French v Bremner*, the New South Wales Court of Appeal considered an application to adduce additional evidence on appeal. The applicant sought to introduce evidence relating to a webinar dated 6 September 2020, which had not been presented at the trial.

The primary legal issue before the Court of Appeal was whether the applicant had satisfied the requirements for admitting fresh and further evidence on appeal. Specifically, the Court had to determine if the evidence could not have been obtained with reasonable diligence at the trial.

The Court's reasoning focused on the principles governing the admission of additional evidence in appellate proceedings. While acknowledging the general reluctance to admit such evidence, the Court recognised that exceptions exist where justice requires it. In this instance, the Court decided to stand over the application concerning the webinar evidence to the hearing of the appeal, indicating a preliminary view that it might be admissible. However, the Court otherwise dismissed the notice of motion, meaning the other proposed evidence was not permitted. The costs associated with the application were reserved.