Allstate Life Insurance Co & Ors v ANZ Banking Group Ltd & Ors (No 28) [1996] FCA 518

Allstate Life Insurance Co & Ors v ANZ Banking Group Ltd & Ors (No 28) [1996] FCA 518

Because Skadden's motion seeks a permanent injunction restraining the applicants from exercising a right under United States law, the hearing is for final relief and thus constitutes a final hearing or trial. Accordingly, hearsay evidence is not admissible, and the relevant passages of Mr Harwood's affidavit are inadmissible.

Jurisdiction
Australia
Judgment Date
16 February 1996
Procedural Posture
Motion (notice of Motion) in Ongoing Federal Court Proceedings / Ruling on Admissibility of Hearsay Evidence in Application for Permanent Injunction
Outcome
Hearsay passages in Mr Harwood's affidavit ruled inadmissible; application determined to require final hearing and hearsay not admitted.
Legal Topics
['admissibility of Hearsay Evidence' 'distinction Between Interlocutory and Final Hearings' 'injunctions' 'abuse of Process' 'foreign Discovery Procedure']
['evidence' 'civil Procedure'] ['admissibility of Hearsay Evidence' 'distinction Between Interlocutory and Final Hearings' 'injunctions' 'abuse of Process' 'foreign Discovery Procedure']

Case Brief

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Procedural Posture

Motion (notice of Motion) in Ongoing Federal Court Proceedings / Ruling on Admissibility of Hearsay Evidence in Application for Permanent Injunction

Legal Issues

  1. 1 ["Whether the hearing of Skadden's motion for permanent injunction is final or interlocutory in nature" 'Whether hearsay evidence is admissible at the current hearing based on its interlocutory or final status']

Ratio Decidendi

Because Skadden's motion seeks a permanent injunction restraining the applicants from exercising a right under United States law, the hearing is for final relief and thus constitutes a final hearing or trial. Accordingly, hearsay evidence is not admissible, and the relevant passages of Mr Harwood's affidavit are inadmissible.

Court Disposition

Hearsay passages in Mr Harwood's affidavit ruled inadmissible; application determined to require final hearing and hearsay not admitted.

Orders

  • ["Hearsay evidence in Mr Harwood's affidavit not admissible in the final hearing for permanent injunction." 'Further rulings to follow on specific passages of the affidavit.']