The failure to exercise reasonable diligence to locate and obtain evidence from a potentially important witness before trial will weigh heavily against an application to adduce further evidence on appeal under s 75A(8) of the Supreme Court Act 1970 (NSW), even where the evidence relates to a critical issue. The interests of finality of litigation may outweigh the potential significance of the evidence where its reliability is questionable and it would necessitate a retrial of a factual issue already resolved on credit grounds. Satisfaction of a pre-existing debt constitutes good consideration in equity for an assignment of a chose in action.
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