PT Limited v NB2 Pty Limited [2017] NSWSC 484

PT Limited v NB2 Pty Limited [2017] NSWSC 484

Leave to reopen was refused as mitigation of loss had not been pleaded nor had evidence been adduced at the hearing; discovery did not establish mitigation as a live pleaded issue, and additional evidence would not alter the outcome.

Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Application to Reopen / Judgment After Hearing on Notice of Motion for Leave to Reopen
Outcome
Notice of motion to reopen dismissed; judgment and orders made as per agreed form.
Legal Topics
['application to Reopen' 'mitigation of Loss' 'judgment Enforcement']
['practice and Procedure'] ['application to Reopen' 'mitigation of Loss' 'judgment Enforcement']

Case Brief

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Procedural Posture

Application to Reopen / Judgment After Hearing on Notice of Motion for Leave to Reopen

Legal Issues

  1. 1 ['Whether leave should be granted to reopen the case to adduce further evidence on mitigation of loss' 'Whether plaintiffs made good their claim for loss and responded to mitigation arguments']

Ratio Decidendi

Leave to reopen was refused as mitigation of loss had not been pleaded nor had evidence been adduced at the hearing; discovery did not establish mitigation as a live pleaded issue, and additional evidence would not alter the outcome.

Court Disposition

Notice of motion to reopen dismissed; judgment and orders made as per agreed form.

Orders

  • ['Give judgment and make orders in accordance with paragraphs 1 to 3 of the form of judgment initialled and dated today.' 'Direct that the exhibits be returned.']