JA Pty Limited & 1 Ors v Jonco Holdings Pty Limited & 2 Ors [2000] NSWSC 10

New South Wales Supreme Court

CITATION : JA Pty Limited & 1 Ors v Jonco Holdings Pty Limited & 2 Ors [2000] NSWSC 10 revised - 1/02/2000 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2098/99 HEARING DATE(S) : submissions JUDGMENT DATE : 31 January 2000

JA Pty Limited (ACN 009 990 738) (First Plaintiff) Otterton Investments Pty Limited (Second Plaintiff PARTIES : Jonco Holdings Pty Limited (ACN 003 474 799) (subject to Deed of Company Arrangement) (First Defendant) Richard Porter (Second Defendant) Salvatore Coco (Third Defendant) JUDGMENT OF : Santow J

COUNSEL : J E Thomson (Plaintiffs) P R Dutney, QC (First and Third Defendants) SOLICITORS : Gordon & Johnstone (Plaintiffs) Colwell Wright, Solicitors (First and Third Defendants) CATCHWORDS : PRACTICE AND PROCEDURE — Exceptional circumstances justifying plaintiffs in re-opening their case without tendering the defendants' costs thereby incurred — evidence had closed and plaintiffs' further affidavit evidence was sought to be filed in circumstances where the defendants substantially responsible by reason of their earlier late production of a critical original of a document after evidence closed — Orders made in favour of plaintiffs with costs exceptionally to be borne by the defendants — requirements of court efficiency, interests of justice and fairness to parties and how weighed. LEGISLATION CITED : Supreme Court Rule 3(1) Sali v FPC (1993) 116 ALR 625 CASES CITED : Schafer v Blyth [1920] 3 KB 140 State of Queensland v J L Holdings (1997) 189 CLR 146 DECISION : Re-opening allowed without costs.