PROCEDURE – civil – interlocutory issues – application by plaintiff for leave to reopen its case to admit additional evidence – prejudice to defendants opposing application in circumstances where new evidence will make fundamental changes to basis of plaintiff’s case – evidence that plaintiff unable to compensate defendant for costs of responding to new evidence if plaintiff ordered to do so – no explanation for failure to tender evidence at earlier stage.

Civil Procedure Act 2005 (NSW), Pt 6, Div 1, s 56.
Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 20, 243(a).
Fair Trading Act 1987 (NSW), s 42.