Where parties propose consent orders on appeal to remit a matter for re-hearing, the Court of Appeal will require identification of specific errors at first instance and must be affirmatively satisfied the orders below are wrong or sufficiently problematic, particularly where the matter has resource implications for the administration of justice beyond the private interests of the parties. The compromised quality of pivotal expert testimony due to the witness being distracted by personal circumstances at court may justify remittal for re-hearing in the interests of justice.
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