N M Rural Enterprises Pty Ltd v Rimanui Farms Ltd [2012] NSWSC 31

N M Rural Enterprises Pty Ltd v Rimanui Farms Ltd [2012] NSWSC 31

It is not in the interests of justice to permit the plaintiff to call evidence from Mr Hazelwood because the evidence is not critical, is cumulative of evidence already given, should have been called earlier if at all, and its marginal probative value is outweighed by considerations of delay, cost, and the timely conclusion of litigation.

Jurisdiction
Australia
Judgment Date
06 February 2012
Procedural Posture
Procedure Application to Reopen Case in Reply / Interlocutory Application Hearing
Outcome
Application dismissed
Legal Topics
['application to Reopen Case' 'evidence in Reply' 'leave to Call Additional Witness']
['civil Procedure'] ['application to Reopen Case' 'evidence in Reply' 'leave to Call Additional Witness']

Case Brief

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Procedural Posture

Procedure Application to Reopen Case in Reply / Interlocutory Application Hearing

Legal Issues

  1. 1 ['Whether to grant plaintiff leave to call evidence from Mr Hazelwood in reply' 'Whether interests of justice require reopening the case to admit new evidence']

Ratio Decidendi

It is not in the interests of justice to permit the plaintiff to call evidence from Mr Hazelwood because the evidence is not critical, is cumulative of evidence already given, should have been called earlier if at all, and its marginal probative value is outweighed by considerations of delay, cost, and the timely conclusion of litigation.

Court Disposition

Application dismissed

Orders

  • ["Plaintiff's application for leave to call evidence from Mr Hazelwood is dismissed." 'Leave is refused.' 'Plaintiff to pay the costs of and incidental to the application.']