Madden v Madden [2014] NSWSC 1098

Supreme Court New South Wales

Medium Neutral Citation: Madden v Madden [2014] NSWSC 1098 Hearing dates: 7 August 2014 Decision date: 07 August 2014 Jurisdiction: Equity Division Before: Stevenson J Decision: Application for leave to re-open refused Catchwords: PROCEDURE - application by plaintiff to re-open case after judgment pronounced but before final orders entered - material relied on in support of application available but not tendered at the hearing - whether material is of probative value - whether material contradictory of evidence already given by the plaintiff - whether delay in the application prejudicial to the defendants Legislation Cited: Bankruptcy Act 1966 (Cth) Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; 176 CLR 300 Falloon v Madden; Madden v Madden [2012] NSWSC 652 Madden v Official Trustee in Bankruptcy and Prentice [2014] FCA 446 Wentworth v Woollahra Municipal Council (No 2) [1982] HCA 41; 149 CLR 672 Category: Interlocutory applications Parties: Alexander William Madden (Plaintiff) Michael Patrick Madden as executor of the estate of the late Margaret Rose Falloon (First Defendant) Eve Karen Falloon (Second Defendant) Chad Russell Falloon (Third Defendant) Representation: Counsel: M B Evans (Plaintiff) R N O'Neill (Second and Third Defendants) Solicitors: Abraham Legal Pty Ltd (Plaintiff) Coleman Greig Lawyers (Second and Third Defendants) File Number(s): SC 2011/25063