The standard of appellate review for rulings under s 137 of the Evidence Act 1995 (NSW) is the correctness standard from Warren v Coombes, not the House v The King discretionary standard. This means appellate courts must decide for themselves whether evidence should have been excluded, rather than asking whether it was open to the trial judge to exclude it. The same correctness standard applies to rulings on relevance under s 55. Prior NSWCCA authority applying House v The King to s 137 is no longer good law.
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