Application to reopen case as to damages and liability following delivery of reasons for judgment
No issue of principle BUILDING AND CONSTRUCTION
Contract
Quick Take
1An application to reopen after delivery of reasons will not succeed where the evidence sought to be relied upon was available to the applicant through reasonable diligence prior to the hearing, even if the opposing party did not volunteer the information — in adversarial litigation a party is entitled to put its best case forward provided it does not wilfully mislead the court.
2Where a plaintiff has proved substantial loss through unchallenged expert evidence but the defendant contends a 'lacuna' arises from partial success on liability, the court must do its best to assess damages on the available evidence rather than ordering a rehearing or reference; the failure to cross-examine the quantum expert on the impact of partial success forecloses the challenge.
3Where damages for defective building work are assessed by reference to rectification costs updated to a date shortly before judgment, pre-judgment interest under s 100 of the Civil Procedure Act 2005 (NSW) runs from that updated assessment date rather than from the date the cause of action arose, to avoid overcompensation.
Case Details
Citation[2025] NSWSC 1506
CourtNSWSC
JurisdictionNew South Wales
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