Evidence – Expert witness. The recorder had not been asked to and had not answered the right question, in having required removal of documents appended to the appellant's expert report and refusing the appellant permission to rely on the evidence. The Chancery Division further determined that, although an appellate court would generally, if it had set aside a decision of the court below, remake the decision, the most sensible course was to remit the whole question to the trial judge to decide the admissibility of the reports.