Youssef Taouk and Najibi Taouk v Najib Louis (No.1) [2014] NSWSC 656

Supreme Court New South Wales

Medium Neutral Citation: Youssef Taouk and Najibi Taouk v Najib Louis (No.1) [2014] NSWSC 656 Hearing dates: On the papers Decision date: 26 May 2014 Jurisdiction: Equity Division Before: Darke J Decision: Motion to re-open hearing is dismissed with costs. Catchwords: PROCEDURE - civil - application for leave to re-open hearing - applicable principles - factors relevant to exercise of discretion - reason why evidence not available to be called at hearing - importance of evidence sought to be adduced - inconvenience and additional costs - prejudice to defendants - motion dismissed with costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 56(1) Cases Cited: Australian Securities and Investments Commission v Rich [2006] NSWSC 826 Smith v NSW Bar Association [1992] HCA 36; (1992) 176 CLR 256 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Category: Interlocutory applications Parties: Youssef George Taouk (first plaintiff) Najibi Taouk (second plaintiff)

Najib Louis (first defendant) Direct Mortgage Solutions Pty Ltd (second defendant) Perpetual Trustees Australia Limited (third defendant) Representation: Counsel: C Leggat SC, M Tibbey (plaintiffs) J Young (first defendant) G A Sirtes SC, D Robertson (second and third defendants) Solicitors: Peter Baker Solicitors (plaintiffs) G&S Law Group Pty Ltd (first defendant) Curwoods Lawyers (second and third defendants) File Number(s): 2012/198193 Publication restriction: Nil.