Craig v Johnson (No 6) [2021] NSWSC 833

Craig v Johnson (No 6) [2021] NSWSC 833

Leave to rely on the 28 June 2021 affidavit of Mr Dowart and an adjournment were refused because the affidavit was served very late after the trial had commenced, the plaintiffs had long had opportunities and directions to serve such evidence, no sufficient exceptional circumstances or injustice to the plaintiffs was shown, the plaintiffs could still advance other damages cases, and admitting the affidavit or adjourning the trial would cause significant prejudice to the defendants and waste court resources, contrary to the dictates of justice and the overriding purpose in the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
08 July 2021
Procedural Posture
Procedural Ruling in Negligence Proceedings / Application During Trial for Leave to Rely on Further Affidavit Evidence of Mr Dowart and for an Adjournment If Necessary
Outcome
Leave refused; adjournment refused.
Legal Topics
['affidavit Evidence' 'late Evidence' 'adjournments' 'case Management' 'guillotine Orders' 'overriding Purpose']
['evidence' 'civil Procedure'] ['affidavit Evidence' 'late Evidence' 'adjournments' 'case Management' 'guillotine Orders' 'overriding Purpose']

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Procedural Posture

Procedural Ruling in Negligence Proceedings / Application During Trial for Leave to Rely on Further Affidavit Evidence of Mr Dowart and for an Adjournment If Necessary

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave to rely on the further affidavit of Mr Dowart sworn 28 June 2021 after the trial had commenced.' 'Whether the proceedings should be adjourned to allow the defendants to meet the further affidavit evidence.' 'Whether the dictates of justice, the overriding purpose and case management considerations favoured admission of the late evidence.']

Ratio Decidendi

Leave to rely on the 28 June 2021 affidavit of Mr Dowart and an adjournment were refused because the affidavit was served very late after the trial had commenced, the plaintiffs had long had opportunities and directions to serve such evidence, no sufficient exceptional circumstances or injustice to the plaintiffs was shown, the plaintiffs could still advance other damages cases, and admitting the affidavit or adjourning the trial would cause significant prejudice to the defendants and waste court resources, contrary to the dictates of justice and the overriding purpose in the Civil Procedure Act 2005 (NSW).

Court Disposition

Leave refused; adjournment refused.

Orders

  • ['I refuse leave to rely upon the affidavit of Mr Dowart sworn 28 June 2021.' 'The proceedings were not adjourned.']