Stepanoski v Aslan (No 5) [2020] NSWSC 139

Stepanoski v Aslan (No 5) [2020] NSWSC 139

Given the unusual course of the proceedings, the change of legal representation, the plaintiffs' understandable misapprehension about what evidence was before the Court, and the absence of any further submissions from the defendant contesting that explanation, leave should be granted to the plaintiffs to re-open their case and rely on the identified material on quantum of damages.

Jurisdiction
Australia
Judgment Date
24 February 2020
Procedural Posture
Procedural and Other Rulings / Notice of Motion for Leave to Re Open Evidence in a Part Heard Proceeding
Outcome
Plaintiffs granted leave to re-open their case and rely on identified material on quantum; defendant directed to file responsive submissions; further directions listed; costs reserved.
Legal Topics
['course of Evidence' 're Opening Case' 'quantum of Damages' 'interlocutory Relief']
['evidence' 'civil Procedure'] ['course of Evidence' 're Opening Case' 'quantum of Damages' 'interlocutory Relief']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Notice of Motion for Leave to Re Open Evidence in a Part Heard Proceeding

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave to rely on further affidavit material on quantum after evidence had closed.' "Whether the plaintiffs' explanation for not adducing the material earlier supported granting leave."]

Ratio Decidendi

Given the unusual course of the proceedings, the change of legal representation, the plaintiffs' understandable misapprehension about what evidence was before the Court, and the absence of any further submissions from the defendant contesting that explanation, leave should be granted to the plaintiffs to re-open their case and rely on the identified material on quantum of damages.

Court Disposition

Plaintiffs granted leave to re-open their case and rely on identified material on quantum; defendant directed to file responsive submissions; further directions listed; costs reserved.

Orders

  • ['The Plaintiffs be granted leave to re-open its case in the hearing proper and read and or tender the material on the issue of quantum of damages identified in order 1.' 'The Court notes that the Plaintiffs rely upon its written submissions dated 5 November 2019 and 10 January 2020 on the question of quantum of...