A trial judge in adversarial litigation is not required to look behind the cases as presented by the parties or to go behind concessions made by counsel, even where doing so might have produced a more favourable outcome for the conceding party. The Kioa v West obligation to disclose adverse information does not apply to a judge's thinking processes or evidentiary gaps in adversarial proceedings where parties are represented. A party is bound by counsel's concessions regardless of whether the client was physically present in court when the concessions were made.
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