In the matter of Global Mortgage Equity Corporation Pty Limited

In the matter of Global Mortgage Equity Corporation Pty Limited, the plaintiff sought to raise new matters immediately prior to the commencement of the hearing. The case involved a dispute regarding the validity of certain documents and the obligations of the parties involved. The court had to decide whether to allow the plaintiff to raise the new matters, which would require either an adjournment of the hearing or a split in the proceedings, and whether such a move would result in prejudice to the defendant.

The court examined the established timetable for evidence, as well as the potential consequences of allowing the plaintiff to raise new matters. The court considered whether the defendant would be able to adequately respond to the new issues within the existing timeframe, and whether the defendant would suffer significant prejudice as a result of the delay. The court also assessed whether the new matters were truly unforeseen and could not have been raised earlier.

The court found that allowing the plaintiff to raise the new matters would result in significant prejudice to the defendant, as it would disrupt the established timetable for evidence and impede the defendant's ability to respond adequately. The court held that the new matters could have been raised earlier, and therefore, the plaintiff's attempt to introduce them at such a late stage was not justified. The court decided against adjourning or splitting the hearing, and instead, proceeded with the original timetable for evidence.

The court ordered that the hearing would continue as scheduled, and that the defendant would not be required to respond to the new matters raised by the plaintiff. The court also ordered that the costs associated with the plaintiff's attempt to introduce the new matters would be borne by the plaintiff.