The Appellant appealed certain paragraphs from a Decision of a Case Management Justice and sought to admit new evidence pursuant to Rule 14.45.

The Court considered the test in Palmer v The Queen. The panel observed that most of the proposed new evidence, with a few exceptions, was already accessible and could have been presented to the Case Management Justice. Furthermore, the panel remarked that the proposed new evidence did not change the assessment made by the Case Management Justice, which was owed deference.

The Court dismissed the Application for new evidence, stating that even if the financial information had been presented and fully accepted earlier, it would not have influenced the outcome. The interests of justice would not have been served if new evidence was admitted on Appeal.