A party that deliberately chooses not to adduce evidence on a particular issue, and leads the opposing party to conduct their case on that basis, faces significant obstacles in obtaining leave to reopen, even where there are public interest considerations favouring reopening. The public interest in finality of litigation weighs strongly against reopening where the party had full knowledge of the relevant considerations. Seeking the full amount of a bond without proof of quantum, and later seeking to prove quantum, does not constitute an election between alternative inconsistent rights.
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