Principle

APPELLATE PRACTICE — Fresh Points on Appeal — When Refusal to Grant Leave Constitutes Error

Area of law
APPELLATE PRACTICE — Fresh Points on Appeal — When Refusal to Grant Leave Constitutes Error
Court
Supreme Court

When a fresh point on appeal challenges the interpretation of a statute that formed the basis of the trial court's decision, it is in the interest of justice to grant leave. Refusing leave in such circumstances may constitute an error. The appellate court should not…

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