Sam Management Services (Aust) Pty Ltd v Bank of Western Australia Ltd [2009] NSWSC 702

New South Wales Supreme Court

CITATION : Sam Management Services (Aust) Pty Ltd v Bank of Western Australia Ltd [2009] NSWSC 702

HEARING DATE(S) : 17 July 2009 JURISDICTION : Equity Division Expedition List

JUDGMENT OF : Rein J

EX TEMPORE JUDGMENT DATE : 17 July 2009

DECISION : Application for leave to reopen is refused.

CATCHWORDS : PROCEDURE – application for leave to reopen – general principles – whether or not the material sought to be adduced is of probative value and is relevant to the issues in the proceedings

CATEGORY : Procedural and other rulings

Australian Securities and Investments Commission v Rich [2006] NSWSC 826 CASES CITED : The Movie Network Channel Pty Ltd v Optus Vision Pty Ltd [2009] NSWSC 132 Urban Transit of Authority of NSW v Nweiser (1992) 28 NSWLR 471

PARTIES : Sam Management Services (Aust) Pty Ltd (Plaintiff) Bank of Western Australia Ltd (Defendant)

FILE NUMBER(S) : SC 1686/09

COUNSEL : B Rayment QC, S Balafoutis (Plaintiff) C Withers (Defendant)

SOLICITORS : Lenehan & Co (Plaintiff) Blake Dawson (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EXPEDITION LIST

Rein J

17 July 2009

1686/09 Sam Management Services (Aust) Pty Ltd v Bank of Western Australia Ltd JUDGMENT (EX TEMPORE) 1 REIN J: This matter was listed for judgment today at 2:00pm. It had been listed for 10:00am, but my associate telephoned the parties yesterday to advise it would be deferred to 2:00pm. The plaintiff now seeks to re-open the matter in order to read an affidavit of Mr Norman Rutherford Lenehan of 17 July 2009. Mr Lenehan is the plaintiff's solicitor. 2 The application to re-open is opposed. Mr Rayment QC appears with Mr Balafoutis of counsel for the plaintiff on this application and Mr Withers of counsel (who appeared as junior counsel at the hearing) appears for the defendant. Mr Lenehan's affidavit annexes a letter of offer from Ingwersen & Lansdown, which letter of offer is dated 16 July 2009. The affidavit of Mr Lenehan and notice of this application was given to the defendant at 12:30pm today, and at about the same time my associate received a faxed copy of the affidavit and its annexure and a letter indicating that it would be the plaintiff's application today to re-open the matter.