A party who deliberately confines its case at trial to a particular basis of damages and does not contest the opposing expert's figures on other matters will be bound by that course on appeal, even where errors in the expert's report are discovered only after judgment. The further evidence principle and the course at trial principle operate cumulatively to preclude new factual contentions on appeal where the point was not raised with the relevant witnesses or argued before the trial judge. The test is whether it is expedient and in the interests of justice to entertain the new point, having regard to finality of litigation and potential injustice to the respondent.
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