Issues have arisen concerning applications for leave to re-open a case particularly where there is a need to correct a mistake or error ot to align a pleaded case with the evidence.

Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009 656 740) (No18) and 13 related matters [2014] NSWSC 733. This interlocutory application involved a question concerning an application to reopen the case together with the application of Uniform Civil Procedure Rules r 36.16(1). The final judgment in the proceedings can be found at Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009 656 740) (No17) and 13 related matters [2014] NSWSC 55 and is referred to in detail under the Practice Areas, Banking and Finance and Franchising contained on this web-site.

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