Chao v Chao (No 2) [2008] NSWSC 612
The new evidence relates to a material issue in the case—in particular, the provenance of funds drawn down on the mortgage and whether the defendant had owned property in Taiwan. Admitting the evidence could prevent the Court from making improper inferences adverse to the defendant's credit; the interests of justice favour granting leave to reopen.
- Parties
- Plaintiff: Ping Jung Chao; Defendant: Sheng-Chun Chao
- Jurisdiction
- Australia
- Judgment Date
- 03 June 2008
- Procedural Posture
- Civil / Application to Reopen Case After Judgment Reserved
- Outcome
- Leave granted
- Legal Topics
- Application to Reopen Case, Admissibility of Evidence, Collateral Issue
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ping Jung Chao
Plaintiff
Sheng-Chun Chao
Defendant
Procedural Posture
Civil / Application to Reopen Case After Judgment Reserved
Legal Issues
- 1 Whether leave should be granted to the defendant to reopen the case to adduce new evidence after judgment has been reserved
- 2 Whether the proposed evidence concerns a collateral issue or is material to the substantive dispute
Ratio Decidendi
The new evidence relates to a material issue in the case—in particular, the provenance of funds drawn down on the mortgage and whether the defendant had owned property in Taiwan. Admitting the evidence could prevent the Court from making improper inferences adverse to the defendant's credit; the interests of justice favour granting leave to reopen.
Court Disposition
Leave granted
Orders
- Leave is granted to the defendant to reopen the case to read the Affidavit of Sheng-Chun Chao sworn 27 May 2008 and Affidavit of Lai Shelley Xu sworn 27 May 2008.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment