Welker & Ors v Rinehart & Anor (No 7) [2012] NSWSC 222

Welker & Ors v Rinehart & Anor (No 7) [2012] NSWSC 222

The application to reopen was refused because the proposed evidence was not shown to be credible or highly probative: the alleged threat came from an anonymous person met in the street and did not establish any connection between the alleged threat and the need to make a non-publication order under the Court Suppression and Non-Publication Orders Act 2010.

Jurisdiction
Australia
Judgment Date
06 March 2012
Procedural Posture
Application for Leave to Reopen / Ex Tempore Procedural Ruling Immediately Before Delivery of Judgment
Outcome
The first defendant's application to reopen her case was refused.
Legal Topics
['application for Leave to Reopen' 'new Evidence' 'credibility and Probative Value' 'non Publication Order']
['civil Procedure' 'equity'] ['application for Leave to Reopen' 'new Evidence' 'credibility and Probative Value' 'non Publication Order']

Case Brief

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Procedural Posture

Application for Leave to Reopen / Ex Tempore Procedural Ruling Immediately Before Delivery of Judgment

Legal Issues

  1. 1 ['Whether the first defendant should be granted leave to reopen her case to lead further evidence from Mr Adrian Francis.' 'Whether the proposed further evidence was credible, highly probative and not previously obtainable.' 'Whether the alleged threat had a connection with the need to make a non-publication order under the Court Suppression and Non-Publication Orders Act 2010 (NSW).']

Ratio Decidendi

The application to reopen was refused because the proposed evidence was not shown to be credible or highly probative: the alleged threat came from an anonymous person met in the street and did not establish any connection between the alleged threat and the need to make a non-publication order under the Court Suppression and Non-Publication Orders Act 2010.

Court Disposition

The first defendant's application to reopen her case was refused.

Orders

  • ["The Court was not prepared to accede to the first defendant's application."]