Hare v Harmer

The defendant, Harmer, sought leave to re-open proceedings against the plaintiff, Hare, in the Supreme Court of New South Wales. The dispute arose from an alleged breach of contract related to the sale of a property. The court was tasked with determining whether Harmer's application should be granted, considering the principles applicable to such applications, the late stage of the application, and the potential prejudice to the plaintiff. Additionally, the court had to assess the significance of the impact on the issues in the proceedings.

In deciding whether to grant leave to re-open, the court considered the principles set out in previous cases, which emphasise the need for good faith, timely action, and minimal prejudice to the opposing party. The court noted that this was the second application by Harmer, which occurred at a late stage of the proceedings. The court found that Harmer's application was made in bad faith and would cause significant prejudice to the plaintiff. Moreover, the court determined that the impact on the issues in the proceedings was insignificant.

As a result, the court dismissed the defendant's application for leave to re-open. The court found in favour of the plaintiff and awarded damages in the sum of $1,301,437.94. The court also ordered that the defendant pay the plaintiff's costs of the proceedings on an ordinary basis up to and including 2 November 2007 and on an indemnity basis thereafter. The orders were suspended for seven days to allow the parties to apply to relist the proceedings to deal with issues of interest and a stay pending appeal.