Marshall v Wallerawang Collieries Pty Ltd [1999] NSWSC 937

Marshall v Wallerawang Collieries Pty Ltd [1999] NSWSC 937

The Court exercised its discretion to grant the plaintiff leave to re-open the case and adduce new evidence as it related to a critical issue—the assessment of damages for impairment of future earning capacity—and could not have been obtained prior to the close of evidence, with minimal prejudice to the defendant.

Jurisdiction
Australia
Judgment Date
10 September 1999
Procedural Posture
Civil / Post Evidence Application to Re Open Case
Outcome
Plaintiff's application to re-open case granted
Legal Topics
['assessment of Damages' 'future Earning Capacity' 'procedural Discretion']
['tort'] ['assessment of Damages' 'future Earning Capacity' 'procedural Discretion']

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Procedural Posture

Civil / Post Evidence Application to Re Open Case

Legal Issues

  1. 1 ['Whether to grant leave to re-open proceedings to adduce further evidence after close of submissions but before judgment' 'Impact of additional evidence on assessment of damages for impairment of future earning capacity']

Ratio Decidendi

The Court exercised its discretion to grant the plaintiff leave to re-open the case and adduce new evidence as it related to a critical issue—the assessment of damages for impairment of future earning capacity—and could not have been obtained prior to the close of evidence, with minimal prejudice to the defendant.

Court Disposition

Plaintiff's application to re-open case granted

Orders

  • ['Further hearing of proceedings stood over' 'Defendant may further cross-examine plaintiff at resumed hearing' 'Costs reserved']