Road and Traffic Authority v Cremona

The High Court considered an application for special leave to appeal in *Road and Traffic Authority v Cremona*. The core of the dispute concerned the admissibility of certain evidence presented in support of the application for special leave, specifically affidavits and parts of affidavits that were not in the required form.

The primary legal issue before the Court was the proper approach to evidence submitted in support of an application for special leave to appeal, particularly when that evidence sought to demonstrate the significance of the issue raised by the application. The Court was required to determine the extent to which such evidence could be considered and the conditions under which it would be admissible, given the established practice and rules of the High Court regarding evidence in its appellate jurisdiction.

Kirby J, in his reasons, indicated that the High Court's appellate jurisdiction is generally not a forum for the introduction of new evidence. The Court's practice requires evidence to be in affidavit form, and the affidavits of Messrs Rossetto and Power, along with specific paragraphs of Mr Rodney Buckley's affidavit, were rejected as they did not comply with the Court's requirements or were otherwise inadmissible. The Court ordered that the applicant pay half of the respondent's costs of the application, with the possibility of paying all costs if special leave were refused.