Chaina v Presbyterian Church (NSW) Property Trust (No. 19)

The matter before the court involved the plaintiffs, Chaina, and the defendants, Presbyterian Church (NSW) Property Trust. The dispute arose out of a claim by the plaintiffs that the defendants had breached a lease agreement by failing to maintain the premises. The case was heard in the Supreme Court of New South Wales. The plaintiffs sought to re-admit evidence that had been rejected in an earlier judgment, arguing that it was relevant to their claim for damages. The defendants opposed the motion, arguing that the evidence was irrelevant and that the plaintiffs had failed to raise fresh arguments not previously considered.

The court was required to determine whether the plaintiffs were entitled to re-admit the evidence in question and, if so, whether the plaintiffs' motion should succeed. The court also had to consider the costs of the motion, given that the plaintiffs were partly successful in their application. The court held that the evidence in question was not relevant to the claim for damages and that the plaintiffs had not raised fresh arguments not previously considered. The court further found that the plaintiffs were partly successful in their application, as they were entitled to have the evidence considered by the court. However, the court held that the plaintiffs should bear their own costs of the motion, as they were partly successful in their application.

The court ordered that the plaintiffs were not entitled to re-admit the evidence in question, as it was irrelevant to the claim for damages. The court further ordered that the plaintiffs were partly successful in their application and that they should bear their own costs of the motion. The court held that the defendants were entitled to costs on an indemnity basis, as the plaintiffs' motion was partly successful. The court ordered that the defendants were entitled to costs of $10,000 on an indemnity basis, to be paid by the plaintiffs within 28 days of the judgment.