Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 6) [2018] NSWSC 1809

Supreme Court New South Wales

Medium Neutral Citation: Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 6) [2018] NSWSC 1809 Hearing dates: 21 November 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Rule that MFI 7 and paras 1 to 9 of the further affidavit of Dr Beckwith of 22 November 2018 are admissible. (2) Grant leave to cross-claimants to re-open their case in chief for the sole purpose of leading the evidence referred to in Order 1. (3) The first and third cross-defendants to file and serve any further evidence in response to the evidence referred to in Order 1 by Wednesday, 30 January 2019. (4) Grant leave to the cross-defendants to issue further subpoenas which may be made returnable before the Registrar on Friday, 14 December 2018. (5) List for mention to fix a date for further hearing before me at 9:30am on Friday, 14 December 2018. Counsel for first and third cross-defendants may appear by telephone. (6) All questions of costs arising out of the events of 22 November 2018 are reserved. Catchwords: CIVIL PROCEDURE – application by cross-claimants to re-open their case in chief – post cross-defendant's final addresses – tender evidence that has recently come to light – balancing test – fairness – s 135 Evidence Act 1995 (NSW) – greater injustice in not ordering an adjournment Legislation Cited: Evidence Act 1995 (NSW), ss 58, 69, 135 Cases Cited: Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 5) [2008] NSWSC 1744 Texts Cited: Nil Category: Procedural and other rulings Parties: Reliance Medical Practice Pty Ltd trading as ATF Reliance Medical Practice Trust (First Cross-Claimant) Rodney John Beckwith (Second Cross-Claimant) Voice Print & Data Australia Pty Ltd (First and Third Cross-Defendants) Christian Altenburg (Second Cross-Defendant) BHD Leasing Pty Ltd (Sixth Cross-Defendant) Representation: Counsel: G A Moore (Cross-Claimants) A J H Morris QC with I Erskine (First and Third Cross-Defendants) A F Fernon (Second Cross-Defendant) L W Chan (Sixth Cross-Defendant)