Robust Builders Pty Ltd v Barai & Anor (No.5) [2023] NSWDC 375
Leave to reopen evidence during closing submissions is refused because the proposed documents do not materially advance the builder's case, procedural opportunities to tender evidence have already been provided, and granting leave would result in inefficiency and unfairness to the respondent parties.
- Jurisdiction
- Australia
- Judgment Date
- 07 September 2023
- Procedural Posture
- Civil / Application to Reopen Evidence During Closing Submissions
- Outcome
- application refused
- Legal Topics
- ['application to Reopen Evidence' 'discretionary Considerations' "builder's Claim" 'construction Contract']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Application to Reopen Evidence During Closing Submissions
Legal Issues
- 1 ['Should the builder be granted leave to reopen its case to tender additional documents during closing submissions?']
Ratio Decidendi
Leave to reopen evidence during closing submissions is refused because the proposed documents do not materially advance the builder's case, procedural opportunities to tender evidence have already been provided, and granting leave would result in inefficiency and unfairness to the respondent parties.
Court Disposition
application refused
Orders
- ["Leave to reopen the builder's case for the tender of additional documents is refused."]
Full Case Text
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