Tsueneaki v Stewart

The appeal concerned a dispute between Tsueneaki and Stewart, heard by the court. The core of the disagreement revolved around the admission of new or late evidence, the delay in delivering judgment, and the assessment of economic loss.

The court was required to determine whether the trial judge erred in rejecting the application to admit new evidence, considering the principles established in *Aon Risk Services Australia Limited v Australian National University*. It also had to consider whether the delay in delivering judgment prejudiced the defendant, and whether the trial judge's assessment of economic loss, specifically the "buffer" for the possibility of early retirement due to future disability, was excessive.

Regarding the admission of new evidence, the court found that the substantial delay and the associated wasted costs to the parties and other litigants justified the rejection of the late evidence, aligning with the principles in *Aon Risk Services*. On the issue of judgment delay, the court determined there was no indication that the defendant was deprived of a forensic advantage, such as the loss of the advantage of seeing and hearing a witness. Furthermore, the court found the award for economic loss to be reasonable, acknowledging the "possibility" of early retirement due to future disability and deeming the "buffer" value appropriate in the circumstances.

Consequently, the appeal was dismissed with costs.