Federal Court of Australia
Federal Court of Australia
Leggett v Hawkesbury Race Club Limited (No 2) (Reopening Decision) [2021] FCA 1657 File number(s): NSD 1554 of 2019
Judgment of: RARES J
Date of judgment: 16 December 2021
Catchwords: EVIDENCE – whether leave should be granted to applicant to reopen case in-chief at close of respondent's case – whether substantial injustice likely to be caused to respondent if leave to re-open granted – where additional witness relevant both to applicant's primary case and to credibility of respondent's principal witness
Legislation: Evidence Act 1995 (Cth) ss 101A, 102 and 106 Fair Work Act 2009 (Cth)
Cases cited: Australian Securities and Investments Commission v Rich (2006) 235 ALR 587 Wright v Wilcox (1850) 9 CB 650; 137 ER 1047
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 16
Date of hearing: 16 December 2021
Counsel for the Applicant: Mr M. Best
Solicitor for the Applicant: Gilberts Legal
Counsel for the Respondent: Mr L. King SC and Mr I. Latham
Solicitor for the Respondent: The Workplace – Employment Lawyers Pty Ltd
ORDERS NSD 1554 of 2019
BETWEEN: VIVIENNE LEGGETT Applicant
AND: HAWKESBURY RACE CLUB LIMITED Respondent
order made by: RARES J DATE OF ORDER: 16 DECEMBER 2021
THE COURT ORDERS THAT:
1. The applicant's application to call Kimberley Talbot to give evidence be granted. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)
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