Goodman Fielder Consumer Foods Pty Ltd v GrainCorp Foods Australia Pty Ltd [2020] NSWSC 706

Supreme Court New South Wales

Medium Neutral Citation: Goodman Fielder Consumer Foods Pty Ltd v GrainCorp Foods Australia Pty Ltd [2020] NSWSC 706 Hearing dates: 28 May 2020, further written submissions 1 June 2020 Date of orders: 10 June 2020 Decision date: 10 June 2020 Before: Henry J Decision: Leave to reopen granted. See paragraph [101]. Catchwords: CIVIL PROCEDURE – application to re-open case –where plaintiffs sought to adduce further evidence on the quantification of damages to correct admissibility issues – where application was foreshadowed during the hearing – where further evidence is of the same nature previously considered by defendants – where further evidence critical to support the value of plaintiffs' claim for damages – no substantive prejudice shown – application granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 29.5 Civil Procedure Act 2005 (NSW), ss 56(1), (2), 57(1), 58(1), (2) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Australian Securities and Investments Commission v Rich (2006) 235 ALR 587; [2006] NSWSC 826 FYD Investments Pty Ltd v Promptair Pty Ltd [2017] FCA 1097 Gaskin v Ollerenshaw [2010] NSWSC 788 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 N M Rural Enterprises Pty Limited v Rimanui Farms Limited [2011] NSWSC 1561 Shaw v KPR Recruitment Australia Pty Ltd (No 2) [2017] NSWSC 707 Smith v New South Wales Bar Association (1992) 176 CLR 256; [1992] HCA 36 Spotlight Pty Ltd v NCON Australia Ltd (2012) 46 VR 1; [2012] VSCA 232 Taouk v Louis (No 1) [2014] NSWSC 656 The Movie Network Channels Pty Limited v Optus Vision Pty Limited [2009] NSWSC 132 The Owners – Strata Plan 61233 v Arcidiacono (No 2) [2019] NSWSC 1876 The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1682 Urban Transport Authority of New South Wales v Nweiser (1992) 28 NSWLR 471 Texts Cited: Nil. Category: Procedural and other rulings Parties: Goodman Fielder Consumer Foods Pty Limited (First Plaintiff) Goodman Fielder New Zealand Limited (Second Plaintiff) GrainCorp Foods Australia Pty Ltd (First Defendant) GrainCorp Food NZ Limited (Second Defendant) Representation: Counsel: V Whittaker SC with M Ellicott and R Pietriche (Plaintiffs) J Stoljar SC with J Hewitt (Defendants)