A judgment dismissing an application to set aside a consent judgment, where the hearing involved full ventilation of evidence and cross-examination on the merits of the claim, is a judgment 'after a trial or hearing on the merits' under s 75A(8) of the Supreme Court Act 1970 (NSW), even if the judgment is interlocutory. The question under s 75A(8) is not whether the judgment is final or interlocutory, but whether it was given after a hearing at which the legal and factual merits were determined. Even under the broader s 75A(7) discretion, further evidence will not be received where the case was fully ventilated, the evidence was available at trial, and reception would cause injustice to the respondent.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
3 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.