Raising a new point on appeal will be refused not only where evidence could have been called to meet it, but also where the opposing party was denied the opportunity to pursue alternative claims that would have been available had the point been raised at trial.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
7 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.