Case 115

What criteria should the protest committee use to decide whether or not evidence is ‘new’?

Evidence is ‘new’

• if it was not reasonably possible for the party asking for the reopening to have discovered the evidence before the original hearing,
• if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or
• if the protest committee learns from any source that the evidence was not available to the parties at the time of the original hearing.