Levy v Bablis

The appeal concerned an application for a new trial based on the availability of further evidence. The appellant sought to adduce evidence that largely related to matters occurring before the original trial. The Court of Appeal of New South Wales was required to determine whether this further evidence justified a new trial, considering the principle of finality in litigation and the specific criteria for granting such relief.

The central legal issues were whether "special grounds" existed to permit the adduction of further evidence, whether the appellant could have reasonably discovered and led this evidence at the original trial, and whether the further evidence, considered both individually and collectively, would probably have resulted in a different outcome. The Court also had to consider whether the interests of justice necessitated a new trial on the basis that a "substantial wrong or miscarriage" had occurred.

The Court of Appeal applied the principles governing the admission of further evidence on appeal and the granting of new trials. It emphasised the importance of the principle of finality and the stringent requirements that must be met before a court will exercise its discretion to order a new trial. The Court found that the appellant had not demonstrated that the further evidence would likely have altered the outcome of the original trial, nor that a substantial wrong or miscarriage had occurred. Consequently, the appeal was dismissed.