Woolworths Limited v Mark Konrad Olson & Anor [2004] NSWSC 871

Woolworths Limited v Mark Konrad Olson & Anor [2004] NSWSC 871

Despite the defendant's deliberate tactical decision not to call further evidence, the gravity of the allegations, the seriousness of the potential relief, and the late amendment to the pleadings combined to justify granting leave to reopen the case in the interests of justice.

Jurisdiction
Australia
Judgment Date
15 September 2004
Procedural Posture
Application to Reopen Case / Interlocutory Application After Judgment Reserved
Outcome
Application to reopen allowed
Legal Topics
['application to Reopen Case' 'discretion to Reopen' 'amendment of Pleadings' 'adducing Further Evidence']
['civil Procedure'] ['application to Reopen Case' 'discretion to Reopen' 'amendment of Pleadings' 'adducing Further Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application to Reopen Case / Interlocutory Application After Judgment Reserved

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to reopen their case to adduce further evidence after judgment has been reserved' 'The effect of a deliberate tactical decision not to call a witness on such an application']

Ratio Decidendi

Despite the defendant's deliberate tactical decision not to call further evidence, the gravity of the allegations, the seriousness of the potential relief, and the late amendment to the pleadings combined to justify granting leave to reopen the case in the interests of justice.

Court Disposition

Application to reopen allowed

Orders

  • ["Leave given to reopen the defendants' case" 'Costs of the application for leave to reopen are reserved']