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Fresh evidence – how fresh is fresh enough?

By Hayley Hitch, Solicitor and Stephen Mullette, Principal of Matthews Folbigg in our Insolvency, Restructuring and Debt Recovery Group.

It is the stuff of the classic cop show or court room thriller. The bad guy is about to get away with the crime, until there is an application to introduce “fresh evidence”.

But how fresh is fresh enough?

In the real world, if the application is found to be just an attempt to re-hear a matter without in fact bringing new evidence before the Court, the application will be dismissed and potentially a cost order may be made against the applicant. [...]  READ MORE →