N M Rural Enterprises Pty Ltd v Rimanui Farms Ltd [2011] NSWSC 1561

N M Rural Enterprises Pty Ltd v Rimanui Farms Ltd [2011] NSWSC 1561

Leave granted as evidence from Mr Skaines is central and critical to the disputed events at Krui airstrip and the interests of justice require its admission, despite plaintiff's prior forensic decisions and resulting costs order for delay and inconvenience.

Parties
Plaintiff: N M Rural Enterprises Pty Ltd; First Defendant: Rimanui Farms Ltd; Second Defendant: Gil Gil Farming Pty Ltd; Third Defendant: Lloyds Syndicate No 1243
Jurisdiction
Australia
Judgment Date
15 December 2011
Procedural Posture
Application to Reopen Case in Reply / Interlocutory Decision After Final Submissions
Outcome
Leave granted to plaintiff to reopen its case in reply and call Michael Skaines. Plaintiff to pay costs of and incidental to the application.
Legal Topics
Leave to Reopen Case, Late Evidence Admission, Interests of Justice
Civil Procedure Leave to Reopen Case Late Evidence Admission Interests of Justice

Case Brief

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Parties

N M Rural Enterprises Pty Ltd

Plaintiff

Rimanui Farms Ltd

First Defendant

Gil Gil Farming Pty Ltd

Second Defendant

Lloyds Syndicate No 1243

Third Defendant

Procedural Posture

Application to Reopen Case in Reply / Interlocutory Decision After Final Submissions

Legal Issues

  1. 1 Whether leave should be granted to plaintiff to reopen case to call fresh evidence in reply
  2. 2 Appropriate factors in discretionary reopening
  3. 3 Whether interests of justice require reopening despite late tactical decision

Ratio Decidendi

Leave granted as evidence from Mr Skaines is central and critical to the disputed events at Krui airstrip and the interests of justice require its admission, despite plaintiff's prior forensic decisions and resulting costs order for delay and inconvenience.

Court Disposition

Leave granted to plaintiff to reopen its case in reply and call Michael Skaines. Plaintiff to pay costs of and incidental to the application.

Orders

  • Grant leave to the plaintiff to reopen its case in reply to call Michael Skaines.
  • Plaintiff to pay the costs of and incidental to the application.