Points may emerge only when judgement pronounced
In R. v. REARDON, Michael Leonard [2004] NSWCCA 197:
“The question was adverted to again in PantoRno v.
The Queen (1989) 166 CLR 466. That was a case where special
leave
to appeal to the High Court was sought on a ground raised
for the first time in that Court. It was argued that this was
a
point that emerged only when the Court below pronounced
its judgment.
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