Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 2) [2008] FCA 1761
Leave to reopen the case and adduce further evidence was not granted because the evidence was not so material that the interests of justice required its admission; the evidence would not probably affect the outcome; its existence followed from respondents' tactical decisions at trial; the principle of finality of litigation outweighs the reasons for reopening.
- Jurisdiction
- Australia
- Judgment Date
- 25 November 2008
- Procedural Posture
- Application for Leave to Reopen Case to Adduce Further Evidence / Post Trial, Judgment Reserved
- Outcome
- Application dismissed
- Legal Topics
- ['reopening of Case After Trial' 'adducing Further Evidence Post Trial' 'principle of Finality of Litigation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Reopen Case to Adduce Further Evidence / Post Trial, Judgment Reserved
Legal Issues
- 1 ['Whether leave should be granted to reopen the case to adduce further evidence after trial and judgment reserved' 'Whether the interests of justice require reopening' 'Whether the principle of finality of litigation precludes reopening']
Ratio Decidendi
Leave to reopen the case and adduce further evidence was not granted because the evidence was not so material that the interests of justice required its admission; the evidence would not probably affect the outcome; its existence followed from respondents' tactical decisions at trial; the principle of finality of litigation outweighs the reasons for reopening.
Court Disposition
Application dismissed
Orders
- ['Notice of Motion filed 16 May 2008 be dismissed']
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