The 'relevant and necessary' test in UCPR r 51.29(1)(b) requires practitioners to limit appeal book material to documents that could rationally affect determination of the issues raised on appeal, with a further cull of documents not 'necessary' for the proposed arguments. Documents not relied on or referred to by any party at first instance, nor by the primary judge, and not sought to be relied on by the appellant on appeal, must not be included. The proposition that all material before the decision-maker should be placed before the reviewing court is rejected. The Court of Appeal will impose costs sanctions on solicitors who include unnecessary material, including orders that the solicitor not charge the client for the costs of preparing appeal books containing such material.
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