The New South Wales Supreme Court granted the application to re-open case after judgment. The applicant submitted that a concession was mistakenly made during the trial as a result of a number of mutual errors during final submissions by both parties. The court, satisfied that the evidence justified the exercise of discretion in applicant's favour ordered the case re-opened, provided that the applicant pays for the extra costs incurred by the respondent.
New South Wales Supreme Court - Bergin J - 16 February 2009 - [2009] NSWSC 33