The husband’s application was likely to negatively impact the
wife’s case as the wife had borrowed a significant amount of money to fund the court proceedings and if the matter was to be re-opened she would likely not be able to fund a further hearing.
The court said that in cases like these, the common law principles make it clear that the court has discretion to re-open these
matters and that the discretion of the judicial officer
is guided by the interests of justice. The court needs to be satisfied that
should such an application be accepted that the court would be able to do greater justice in the facts and circumstances of
the case than should the application not be granted.
Where the reasons for judgment have not yet been delivered,
the primary consideration should be whether embarrassment or prejudice would be caused to the other party.
The wife argued that at the time of the final hearing the Global
Financial Crisis was already underway and so was the drought.
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The husband’s application was likely to negatively impact the
wife’s case as the wife had borrowed a significant amount of money to fund the court proceedings and if the matter was to be re-opened she would likely not be able to fund a further hearing.
The court said that in cases like these, the common law principles make it clear that the court has discretion to re-open these
matters and that the discretion of the judicial officer
is guided by the interests of justice. The court needs to be satisfied that
should such an application be accepted that the court would be able to do greater justice in the facts and circumstances of
the case than should the application not be granted.
Where the reasons for judgment have not yet been delivered,
the primary consideration should be whether embarrassment or prejudice would be caused to the other party.
The wife argued that at the time of the final hearing the Global
Financial Crisis was already underway and so was the drought.
Thanks for this insightful article! I’ve been looking for natural ways to support my overall wellness and
this gave me some useful ideas. RevitaG is something I’ve been reading
about lately. Appreciate the info. https://en-en–revitag.com/
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