Cook and Cook (No. 6)

In *Cook and Cook (No. 6)*, Young J considered an application by the husband to re-open his case and adduce further evidence concerning the commercial, financial, and legal outcomes of the XC project, which was in liquidation and under receiver management. The wife sought leave to file responding evidence.

The primary legal issue before the court was whether to permit the husband to introduce new evidence after the close of his case, and consequently, whether to allow the wife to respond. The court also had to determine the future conduct of the proceedings, including the relisting of the matter and the disposition of existing applications.

Young J granted the husband leave to re-open his case and adduce further evidence by affidavit regarding the XC project. The wife was also granted leave to file evidence in response. Liberty was reserved for both parties to seek leave to file further affidavit evidence. The proceedings were to be relisted for case management within 45 days after the settlement of the sale of the XC land. The husband's application filed on 8 July 2010 and the wife's cross-application filed on 10 August 2010 were otherwise dismissed, with the wife granted leave to re-apply for specific orders. The court also reserved liberty to both parties to apply generally and directed the solicitors for each party to make written submissions on costs within ten days. The court certified that the matter reasonably required the attendance of Senior Counsel for the wife and Counsel for the husband.