Lucantonio v Kleinert [2009] NSWSC 1277

New South Wales Supreme Court

CITATION : Lucantonio v Kleinert [2009] NSWSC 1277

HEARING DATE(S) : 13 October 2009 JURISDICTION : Common Law

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 13 October 2009

DECISION : Grant leave to plaintiff to reopen case upon terms that relevant witnesses be recalled for further cross-examination. Plaintiff to pay defendants' on an indemnity basis.

CATCHWORDS : PROCEDURE – application by plaintiff to reopen case after judgment reserved – relevant considerations – whether evidence sought to be adduced would cause undue prejudice to the defendants – where refusal to grant leave would likely result in an objectively incorrect decision – where court satisfied that plaintiff did not deliberately withhold evidence – where court satisfied that potential prejudice to defendants will be in part cured by allowing defendant's to recall witnesses for cross-examination

LEGISLATION CITED : (NSW) Uniform Civil procedure Rules 2005, r 29.6

CATEGORY : Procedural and other rulings

Dean Lucantonio as trustee for the Lucantonio Family Trust (plaintiff) PARTIES : Jaime Kleinert (first defendant/XC1 first cross-defendant/XC2 cross-claimant) Otto Stichter (second defendant/XC1 cross-claimant/XC2 first cross-defendant) Darryl Leslie Warren (third defendant/XC1 second cross-defendant/XC2 second cross-defendant)

FILE NUMBER(S) : SC 20351/04

COUNSEL : Mr G Laughton SC w Ms D Christofis (plaintiff) Mr G Curtin (second defendant)

Gells Lawyers (plaintiff) SOLICITORS : Kennedys Lawyers (first defendant) DLA Phillips Fox Lawyers (second defendant) McCabe Terrill Lawyers (third defendant)