Ranieri v Nominal Defendant & Ors [2000] NSWSC 675

Ranieri v Nominal Defendant & Ors [2000] NSWSC 675

The proposed evidence could have been adduced at the trial and no satisfactory explanation for that failure was provided; the granting of leave would result in further delay potentially prejudicial to the plaintiff; therefore, the application is refused as the first defendant has not discharged the onus required.

Parties
Plaintiff: Jennifer Kathryn Ranieri; First Defendant: Nominal Defendant
Jurisdiction
Australia
Judgment Date
14 July 2000
Procedural Posture
Notice of Motion – Civil Damages Proceeding / Post Judgment Application to Re Open Case
Outcome
Notice of Motion dismissed. First defendant to pay costs of the Notice of Motion.
Legal Topics
Leave to Re Open, Discretion
Civil Procedure Leave to Re Open Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Jennifer Kathryn Ranieri

Plaintiff

Nominal Defendant

First Defendant

Procedural Posture

Notice of Motion – Civil Damages Proceeding / Post Judgment Application to Re Open Case

Legal Issues

  1. 1 Whether leave should be granted to the first defendant to re-open its case limited to the plaintiff's claims concerning her housing needs

Ratio Decidendi

The proposed evidence could have been adduced at the trial and no satisfactory explanation for that failure was provided; the granting of leave would result in further delay potentially prejudicial to the plaintiff; therefore, the application is refused as the first defendant has not discharged the onus required.

Court Disposition

Notice of Motion dismissed. First defendant to pay costs of the Notice of Motion.

Orders

  • Notice of Motion is dismissed.
  • The first defendant is to pay the costs of the Notice of Motion.