The Plaintiff appealed the decision of an Applications Judge to summarily dismiss the Action relying on significant additional evidence that was not before the Applications Judge.

Justice Marion noted that Rule 6.14(3) provides that an Appeal from a Applications Judge’s Judgment or Order is based on the record of proceedings before the Applications Judge, but may also be based on additional evidence that, in the opinion of the Court, is relevant and material. The test for additional evidence under Rule 6.14(3) has been described as having a low threshold.

Rule 5.2, for the purposes of Part 5 of the Rules, states that something is relevant and material if it could be reasonably expected to significantly help or determine one or more of the issues in the pleadings or ascertain evidence that could be expected to do so. His Lordship noted that a reasonable interpretation of relevant and material in Rule 6.14 could be whether the new evidence might be expected to significantly help determine one or more of the issues raised on the Appeal. Accordingly, His Lordship considered the new evidence together with the record that was before the Applications Judge and allowed the Appeal.