Geary v David Maurice Stack t/as Stacks the Law Firm [2000] NSWSC 1075

The application to reopen the hearing and amend the Statement of Claim is dismissed because no sufficient misapprehension of law was substantiated, the alleged failure of discovery was unfounded, and none of the criteria for reopening under the appeal rules were met; the public interest in finality also weighs against reopening.

Jurisdiction: Australia
Judgment Date: 23 November 2000
Procedural Posture: Civil / Application to Reopen Hearing and Amend Statement of Claim After Initial Trial and Partial Judgment
Outcome: Application dismissed with costs.
Legal Topics: ['reopening of Case' 'leave to Amend Statement of Claim' 'mistake of Law' 'application of S 58 and S 60 G']

['civil Procedure'] ['reopening of Case' 'leave to Amend Statement of Claim' 'mistake of Law' 'application of S 58 and S 60 G']

Case Brief

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Procedural Posture

Civil / Application to Reopen Hearing and Amend Statement of Claim After Initial Trial and Partial Judgment

Legal Issues

1 ['Whether the plaintiff should be granted leave to reopen the case generally and to amend the Statement of Claim after partial judgment on liability but before judgment entered, on grounds of alleged misapprehension of law and alleged lack of discovery']

Ratio Decidendi

Court Disposition

Application dismissed with costs.

Orders

['Application to reopen hearing is dismissed with costs.' 'Application for leave to amend Statement of Claim is dismissed with costs.']