Section 75A(8) of the Supreme Court Act 1970 (NSW), which governs the receipt of further evidence on appeal, does not apply to applications for leave to appeal. On an application for leave to appeal, the Court has a wide discretion as to the evidence that may be considered, reflecting the broad discretionary nature of the gateway mechanism. However, a respondent may argue that evidence would not meet s 75A(8) requirements if leave were granted, thereby undermining the significance of the evidence in considering whether to grant leave.
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