Corry v NHB Enterprises Pty Ltd

[2023] NSWCA 162

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Admission of further evidence on appeal
3. › Appeal by way of rehearing
4. › Special grounds under s 75A(8)
5. › Whether further evidence capable of establishing error in discretionary decision
6. › Whether high degree of probability of different outcome required
7. › Supreme Court Act 1970 (NSW), s 75A(7), (8)
1. Contempt
2. › Civil contempt
3. › Punishment
4. › Sentence of imprisonment
5. › Appeal against penalty
6. › Standard of appellate review
7. › Whether House v The King error established
8. › Supreme Court Act 1970 (NSW), s 101(5)
1. Appeal
2. › Standard of appellate review
3. › Discretionary decisions
4. › Distinction between appeal by way of rehearing and hearing de novo
5. › Requirement to demonstrate error before re-exercise of discretion

Quick Take

Further evidence on appeal from a discretionary sentencing decision is admissible only if it would necessarily have resulted in a different outcome, not merely if it might have done so.