Corrigan v Coles Supermarkets Australia Ltd [2017] NSWDC 95

Corrigan v Coles Supermarkets Australia Ltd [2017] NSWDC 95

Leave was granted to reopen the plaintiff's case, as the potential prejudice to the defendant could be mitigated by allowing further submissions, and the interests of justice were best served by admitting relevant evidence on a central issue.

Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Civil / Interlocutory Application to Reopen Case During Trial
Outcome
Leave granted to plaintiff to reopen case to call Muriel Corrigan; costs reserved.
Legal Topics
['application to Reopen Case' 'adducing Additional Evidence' 'prejudice and Interests of Justice' 'costs']
['civil Procedure'] ['application to Reopen Case' 'adducing Additional Evidence' 'prejudice and Interests of Justice' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Application to Reopen Case During Trial

Legal Issues

  1. 1 ["Whether the plaintiff should be granted leave to reopen his case to call a new witness following conclusion of the defendant's submissions"]

Ratio Decidendi

Leave was granted to reopen the plaintiff's case, as the potential prejudice to the defendant could be mitigated by allowing further submissions, and the interests of justice were best served by admitting relevant evidence on a central issue.

Court Disposition

Leave granted to plaintiff to reopen case to call Muriel Corrigan; costs reserved.

Orders

  • ['Grant leave to the plaintiff to reopen his case to call Muriel Corrigan.' 'Reserve any question of the costs of the application.']