Jewelsnloo Pty Ltd v Sengos [2015] NSWSC 80

Supreme Court New South Wales

Medium Neutral Citation: Jewelsnloo Pty Ltd v Sengos [2015] NSWSC 80 Hearing dates: 28 August 2014 Date of orders: 20 February 2015 Decision date: 20 February 2015 Jurisdiction: Equity Division Before: Robb J Decision: (1) Order that the plaintiff's notice of motion be dismissed (2) Order the plaintiff to pay the defendants' costs of the proceedings on the plaintiff's notice of motion Catchwords: PROCEDURE – civil – interlocutory issues – application by plaintiff for leave to reopen its case to admit additional evidence – prejudice to defendants opposing application in circumstances where new evidence will make fundamental changes to basis of plaintiff's case – evidence that plaintiff unable to compensate defendant for costs of responding to new evidence if plaintiff ordered to do so – no explanation for failure to tender evidence at earlier stage Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6, Div 1, s 56 Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 20, 243(a), Fair Trading Act 1987 (NSW), s 42 Cases Cited: Aon Risk Services Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Samsung Electronics Co Ltd v Apple Inc [2013] FCA 1142 Category: Consequential orders (other than Costs) Parties: Jewelsnloo Pty Ltd (plaintiff) Paul Sengos (first defendant) Stanley Kotsiopoulos (second defendant) Kalyopy Kotsiopoulos (third defendant) Wholesale National Pty Limited (fourth defendant) Associated Products (fifth defendant Representation: Counsel: E Chrysostomou (plaintiff) D M Jay (second and third defendant)