Grizonic v Suttor [2010] NSWSC 1051

Leave was granted to read paragraphs 1 to 5 and 10 to 12 of Ms Wade's affidavit because those paragraphs went to a relevant issue and any prejudice arising from the late service was slight; paragraphs 6 to 9 were rejected because they were not relevant to any fact in issue.

Jurisdiction: Australia
Judgment Date: 10 June 2010
Procedural Posture: Procedural and Other Ruling; Evidence Admissibility / Application for Leave to Read an Affidavit Served Outside the Time Limited for Service of Affidavit Evidence
Outcome: Leave granted in part to read the affidavit of Dawn Wade sworn 7 June 2010.
Legal Topics: ['admissibility and Relevancy' 'late Affidavit Evidence' 'prejudice From Late Service' 'leave to Read Affidavit']

['evidence' 'civil Procedure'] ['admissibility and Relevancy' 'late Affidavit Evidence' 'prejudice From Late Service' 'leave to Read Affidavit']

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Procedural Posture

Procedural and Other Ruling; Evidence Admissibility / Application for Leave to Read an Affidavit Served Outside the Time Limited for Service of Affidavit Evidence

Legal Issues

1 ['Whether leave should be granted to read the affidavit of Dawn Wade sworn 7 June 2010 despite late service.' 'Whether paragraphs 6, 7, 8 and 9 of the affidavit were relevant to any fact in issue.' 'Whether admitting the late-served affidavit would prejudice other parties by depriving them of an opportunity to test the evidence.']

Ratio Decidendi

Court Disposition

Leave granted in part to read the affidavit of Dawn Wade sworn 7 June 2010.

Orders

['Grant leave to read paragraphs 1 to 5 and 10 to 12 of affidavit of Dawn Wade sworn 7 June 2010.' 'Reject paragraphs 6, 7, 8 and 9 of the affidavit.']