1Where a court remits a matter to a tribunal for determination of issues not finally decided, and the remittal order does not expressly prohibit the admission of new evidence, the tribunal retains discretion to admit further evidence relevant to those undetermined issues — even where the evidence raises an aspect of the issue not previously ventilated by the parties.
2The statutory concept of 'probable environmental impact' under s 120(h) of the Planning and Development Act 2007 (ACT), read with the broad statutory definition of 'environment' (which includes heritage value and cultural characteristics), is not confined by the particularisation of a party's case at first instance; it is the scope of the evidence relevant to the undetermined issue that is broadened, not the issue itself.
3A remittal that is a continuation of the original hearing (rather than a remittal of the entire controversy) limits the tribunal's jurisdiction to the undetermined issues, but does not of itself restrict the tribunal's procedural discretion to receive fresh evidence bearing on those issues, absent an express restriction in the remittal order.
