Wiggins Island Coal Export Terminal Pty Limited v Civil Mining & Construction Pty Ltd

[2017] QCA 296

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Re-opening of case
3. › After judgment reserved and reasons delivered
4. › Whether exceptional circumstances existed
5. › Whether trial judge erred in exercise of discretion
6. › Whether substantial injustice would result
1. Practice and Procedure
2. › Appellate review
3. › Discretionary decisions on matters of practice and procedure
4. › Standard of review
5. › Requirement of error plus substantial injustice
1. Practice and Procedure
2. › Pleadings
3. › Departure from pleaded case
4. › Whether consent to one departure from pleading constitutes consent to further departures at any stage

Quick Take

A party's failure to object to an opponent's departure from its pleaded case does not constitute consent to any further departures at any stage, including after judgment. Applications to re-open after judgment has been delivered with conclusive findings face an even higher threshold than applications made after judgment is reserved but before reasons are published. The evident explanation that the amount produced by the existing methodology is not to the applicant's liking is not a satisfactory explanation for the lateness of an application to re-open.