First Mortgage Managed Investments Limited v Pittman (No.2) [2014] NSWSC 1929

Supreme Court New South Wales

Medium Neutral Citation: First Mortgage Managed Investments Limited v Pittman (No.2) [2014] NSWSC 1929 Hearing dates: 18 December 2014 Date of orders: 18 December 2014 Decision date: 18 December 2014 Jurisdiction: Common Law Before: Garling J Decision: (1)Order that the Notice of Motion of 15 December 2014 to re-open the Second Cross-claim to enable Ms Locke to adduce further evidence and to cross examine witnesses about existing evidence is dismissed. (2)Order that Ms Locke, if so advised, is to file any submissions with respect to the Second Cross-claim on or before 4:00 pm Friday 30 January 2015. (3)Order the Second Cross-claimants to file any submissions in reply on or before 4:00 pm Friday 13 February 2015. (4)Upon receipt of the last of these submissions, judgment reserved with respect to the Second Cross-claim. Catchwords: PROCEDURE – civil – application – re-open Second Cross-claim to adduce further evidence – proceedings have been fully determined – applicant has previously made deliberate decision not to participate in hearing - prejudice to cross-claimants if application granted – potential for inconsistent findings if new evidence adduced – contrary to administration of justice for Court to make inconsistent findings – not in interests of justice to grant application – application dismissed Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Uniform Civil Procedure Rules 2005 Cases Cited: First Mortgage Managed Investments Pty Ltd v Basil James Pittman [2012] NSWSC 1332 First Mortgage Managed Investments Pty Ltd v Pittman [2014] NSWCA 110 First Mortgage Managed Investments Pty Ltd v Pittman (No.2) [2014] NSWCA 272 Smith v New South Wales Bar Association [1992] HCA 36; (1992) 176 CLR 256 Category: Procedural and other rulings Parties: First Mortgage Managed Investments Limited (P) Basil James Pittman (D1, Cross-Claimant) Rex Neil Webster (D2, Cross-Claimant)) Christopher M Edwards (D3) Margot Locke (Defendant to 2nd Cross-Claim) Representation: Counsel: J Lazarus (Cross-Claimants on 2nd Cross-claim) M Rosenblatt (D to 2nd Cross Claim)