Koutsopoulos v Pintusen

In *Koutsopoulos v Pintusen*, the New South Wales Court of Appeal considered an application by the appellant to adduce further evidence on appeal. The appeal concerned a dispute between the parties, though the precise nature of the underlying dispute is not detailed in the provided text.

The primary legal issue before the Court of Appeal was whether the appellant had established "special grounds" for the reception of further evidence pursuant to section 75A(8) of the *Supreme Court Act 1970* (NSW). This required the Court to consider the criteria established in *Akins v National Australia Bank* for determining what constitutes such special grounds.

The Court applied the principles from *Akins*, which require that the evidence could not by reasonable diligence have been obtained for the trial, that the evidence is credible and that it would have had a material effect on the decision of the trial judge. The Court found that the evidence sought to be adduced by the appellant did not satisfy these criteria. Specifically, the Court determined that the evidence could have been obtained with reasonable diligence prior to the trial and that the evidence was largely inadmissible and possessed little probative value.

Consequently, the Court of Appeal refused the application to receive additional evidence.