Granitgard Pty Ltd ACN 007 427 590 v Termicide Pest Control Pty Ltd ACN 093 837 337 (No 4)

The matter before the court involved Granitgard Pty Ltd suing Termicide Pest Control Pty Ltd. The dispute centred on Granitgard's claim that Termicide breached an agreement by failing to provide effective pest control services. The case was heard in the Supreme Court of New South Wales. The court was asked to consider whether Granitgard should be allowed to reopen its case to present additional evidence.

The legal issues before the court included whether Granitgard should be granted leave to reopen its case and adduce new evidence, and whether this would prejudice Termicide's case. Specifically, the court had to determine whether the new evidence was necessary and whether the delay in presenting it was justified. The court also needed to consider the impact of the additional evidence on the proceedings and the rights of Termicide.

The court granted Granitgard leave to reopen its case and present the evidence contained in the affidavit of Peter Gabriel, filed on 20 February 2009. The court found that the new evidence was relevant and necessary to address the issues in the case. However, the application for further evidence from Mr Baverstock was stood over pending further submissions. The court ordered that a revised précis of evidence regarding Mr Baverstock be filed by Granitgard and directed Termicide to notify the court if the hearing on 2 March 2009 was necessary. The court also reserved costs and directed Granitgard to file an affidavit explaining the circumstances leading to the preparation of the revised précis.

In summary, the court allowed Granitgard to present additional evidence to support its case, but the presentation of further evidence from Mr Baverstock was deferred pending further assessment. The court also set out detailed procedural steps for the parties to follow, including the filing of a revised précis and an affidavit, and the notification of the necessity of the hearing. The costs of the proceedings were reserved for determination at a later stage.