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.