Telecom Vanuatu Ltd v Optus Networks Pty Ltd (No. 2) [2009] NSWSC 33

Telecom Vanuatu Ltd v Optus Networks Pty Ltd (No. 2) [2009] NSWSC 33

Leave should be granted to the plaintiff to withdraw the concession made at trial and to re-open its case prior to entry of final orders, as the concession was infected by error and justice requires it not be enforced; the court retains power to review or correct its judgment before entry of orders.

Parties
Plaintiff: Telecom Vanuatu Ltd; Defendant: Optus Networks Pty Ltd
Jurisdiction
Australia
Judgment Date
16 February 2009
Procedural Posture
Equity Commercial List / Post Trial Application to Withdraw Concession and Re Open Case, Prior to Entry of Final Orders
Outcome
Leave granted to withdraw concession and to re-open case, costs determined
Legal Topics
Withdrawal of Concession, Re Opening Case, Costs, Judicial Power to Amend Judgment Before Entry, Offers of Compromise (calderbank)
Civil Procedure Commercial Law Withdrawal of Concession Re Opening Case Costs Judicial Power to Amend Judgment Before Entry Offers of Compromise (calderbank)

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Parties

Telecom Vanuatu Ltd

Plaintiff

Optus Networks Pty Ltd

Defendant

Procedural Posture

Equity Commercial List / Post Trial Application to Withdraw Concession and Re Open Case, Prior to Entry of Final Orders

Legal Issues

  1. 1 Whether leave should be granted to withdraw a concession made at trial
  2. 2 Whether the case should be re-opened prior to entry of final orders
  3. 3 Extent of judicial power to alter or review judgment prior to entry of orders

Ratio Decidendi

Leave should be granted to the plaintiff to withdraw the concession made at trial and to re-open its case prior to entry of final orders, as the concession was infected by error and justice requires it not be enforced; the court retains power to review or correct its judgment before entry of orders.

Court Disposition

Leave granted to withdraw concession and to re-open case, costs determined

Orders

  • Plaintiff granted leave to withdraw the concession referred to in paragraph [175] of the earlier judgment and to re-open its case
  • Plaintiff to file and serve outline of submissions in support of claim for additional minutes by 27 February 2009