An application to vary an existing stay pending appeal must be founded on a material change in circumstances or new material not reasonably obtainable at trial. A party seeking to rely on further evidence on appeal must satisfy the three conditions in Akins v National Australia Bank, including that the evidence could not have been obtained with reasonable diligence for use at trial and that there is a high degree of probability of a different verdict. Subpoenas cannot be issued on appeal where no special grounds for further evidence have been established and no legitimate forensic purpose is identified.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
4 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.