19 Sept 2013
TCWF v. LKKS
- Citation
- TCWF v. LKKS
- Court
- Court of Appeal
- Case number
- CACV166/2012
Two accountant letters were admitted into the appeal bundle on a non-agreed basis because, on the material before the Court, they appeared to be summaries of evidence already before the trial judge and not new expert evidence; by contrast, the Petitioner's applications to admit fresh financial statements (including the Bertelli statement) and the Brown Envelope documents were refused because they constituted fresh evidence which did not satisfy Ladd v Marshall, risked re-opening factual disputes, would disrupt the appeal, and raised reliability concerns.