Na Min Yu & anor v Brownvalley Investments Pty Ltd & ors [2011] NSWSC 396

The failure to advance at trial the case now sought to be made is attributable solely to the plaintiffs' neglect or default. No evidence was provided as to why material now relied on was not advanced at the original hearing or why the application to reopen was delayed. Even under the most generous test for reopening, the application must be refused.

Jurisdiction: Australia
Judgment Date: 14 March 2011
Procedural Posture: Motion After Judgment / Application to Reopen After Final Judgment
Outcome: Application to reopen case dismissed.
Legal Topics: ['reopening of Judgment' 'finality of Litigation' 'substituted Service' 'damages' 'misrepresentation' 'equitable Compensation']

['civil Procedure' 'equity'] ['reopening of Judgment' 'finality of Litigation' 'substituted Service' 'damages' 'misrepresentation' 'equitable Compensation']

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Procedural Posture

Motion After Judgment / Application to Reopen After Final Judgment

Legal Issues

1 ['Whether plaintiffs should be granted leave to reopen their case against fourth and sixth defendants after final judgment.' 'Whether new material or legal avenues proposed were available or should have been relied upon at trial.' 'Whether the non-participation of a defendant at final hearing justifies reopening a judgment.']

Ratio Decidendi

Court Disposition

Application to reopen case dismissed.

Orders

['Motion to reopen dismissed as against Mr Snelson.' 'Motion not pressed as against Mr Atkins.']