APPEAL AND NEW TRIAL – leave to argue ground of appeal not raised before primary judge – permission to raise argument not advanced at trial – when may new argument be advanced on appeal – expedient in interests of justice to allow new argument – failure to raise argument at trial

INDUSTRIAL LAW – right to deduct payments made from award entitlements – set-off of payments – off-set of award entitlements against payments made – method of calculation of underpayment of award entitlements – payments made taken into account as deduction against award entitlements – sham contracting

PRACTICE AND PROCEDURE – refusal of adjournment – discretionary judgment with regard to adjournment