Goodman Fielder Consumer Foods Pty Ltd v GrainCorp Foods Australia Pty Ltd [2020] NSWSC 706

Goodman Fielder Consumer Foods Pty Ltd v GrainCorp Foods Australia Pty Ltd [2020] NSWSC 706

Leave to re-open is granted because the further Hart evidence relates centrally to the plaintiffs’ damages claim, is of the same nature as previously considered by defendants, was foreshadowed before the closing of the case, and no substantive prejudice to the defendants has been shown. The circumstances support a departure from strict finality principles, as the re-opening is limited to the quantification of damages and consistent with the overriding purpose of just, quick and cheap resolution of real issues.

Jurisdiction
Australia
Judgment Date
10 June 2020
Procedural Posture
Civil / Motion for Leave to Re Open Case Prior to Final Judgment
Outcome
Leave to re-open granted
Legal Topics
['application to Re Open Case' 'admissibility of Evidence' 'quantification of Damages' 'case Management' 'finality of Litigation']
['civil Procedure'] ['application to Re Open Case' 'admissibility of Evidence' 'quantification of Damages' 'case Management' 'finality of Litigation']

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Procedural Posture

Civil / Motion for Leave to Re Open Case Prior to Final Judgment

Legal Issues

  1. 1 ['Should leave be granted to the plaintiffs to re-open their case to adduce further evidence regarding quantification of damages?' 'Is granting leave consistent with just, quick and cheap resolution of real issues in the proceedings, and the interests of justice?' 'Will the defendants suffer prejudice if leave is granted given the nature of the further evidence?' 'Does the situation fit within the recognised classes for leave to re-open or are exceptional circumstances required?']

Ratio Decidendi

Leave to re-open is granted because the further Hart evidence relates centrally to the plaintiffs’ damages claim, is of the same nature as previously considered by defendants, was foreshadowed before the closing of the case, and no substantive prejudice to the defendants has been shown. The circumstances support a departure from strict finality principles, as the re-opening is limited to the quantification of damages and consistent with the overriding purpose of just, quick and cheap resolution of real issues.

Court Disposition

Leave to re-open granted

Orders

  • ['Plaintiffs granted leave to re-open their case for the purpose of adducing further evidence in the form of the affidavit of Phillip Joseph Hart affirmed 6 March 2020 and exhibit PJH-5 to that affidavit.' 'Defendants to serve by 17 June 2020 any objections and any evidence in reply to the further Hart evidence.'...