Marshall v Proteus Solutions Limited (in liquidation) and Anor (No 2) [2007] NSWIRComm 66

Marshall v Proteus Solutions Limited (in liquidation) and Anor (No 2) [2007] NSWIRComm 66

Justice does not lie in allowing the applicant to re-open his case after final submissions and judgment were reserved, due to the late attempt to tender evidence that could have been led in chief and the resulting prejudice and burden to the second respondent. The parties had every opportunity to present their case, and case finality must be maintained.

Jurisdiction
Australia
Judgment Date
30 March 2007
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Post Final Submissions, Application to Re Open Case
Outcome
application to re-open case refused
Legal Topics
['unfair Contract' 'practice and Procedure' 'application to Re Open Case' 'costs']
['industrial Law'] ['unfair Contract' 'practice and Procedure' 'application to Re Open Case' 'costs']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Post Final Submissions, Application to Re Open Case

Legal Issues

  1. 1 ['Whether the applicant should be permitted leave to re-open his case to tender additional material after final submissions' 'Whether additional evidence on mitigation of loss should be admitted']

Ratio Decidendi

Justice does not lie in allowing the applicant to re-open his case after final submissions and judgment were reserved, due to the late attempt to tender evidence that could have been led in chief and the resulting prejudice and burden to the second respondent. The parties had every opportunity to present their case, and case finality must be maintained.

Court Disposition

application to re-open case refused

Orders

  • ['Application to re-open case is refused.' 'Costs to follow the event on the usual basis.' 'Parties have liberty to approach if the appropriate costs order is not agreed.']