The Movie Network Channels Pty Ltd v Optus Vision Pty Ltd [2009] NSWSC 132
It would be unjust to grant leave to the plaintiff to re-open its case and tender further evidence after the defendant has made irreversible forensic decisions on the basis of the plaintiff's earlier choices. The prejudice to the defendant cannot be cured and the factors relevant to discretion overwhelmingly weigh against permitting re-opening.
- Parties
- Plaintiff: The Movie Network Channels Pty Ltd; Defendant: Optus Vision Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 17 March 2009
- Procedural Posture
- Motion / Application to Reopen After Conclusion of Evidence and Closing Submissions
- Outcome
- application dismissed
- Legal Topics
- Application to Re Open, Finality of Litigation, Leave to Adduce Additional Evidence
Case Brief
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Parties
The Movie Network Channels Pty Ltd
Plaintiff
Optus Vision Pty Ltd
Defendant
Procedural Posture
Motion / Application to Reopen After Conclusion of Evidence and Closing Submissions
Legal Issues
- 1 Whether leave should be granted to the plaintiff to re-open its case and tender additional evidence after completion of evidence and closing submissions
Ratio Decidendi
It would be unjust to grant leave to the plaintiff to re-open its case and tender further evidence after the defendant has made irreversible forensic decisions on the basis of the plaintiff's earlier choices. The prejudice to the defendant cannot be cured and the factors relevant to discretion overwhelmingly weigh against permitting re-opening.
Court Disposition
application dismissed
Orders
- application to re-open by the plaintiff dismissed
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