Re Shoreline Currencies (Australia) Pty Ltd v. Ex parte Morrison, P. & Anor [1987] FCA 205

Re Shoreline Currencies (Australia) Pty Ltd v. Ex parte Morrison, P. & Anor [1987] FCA 205

Because adequate notice requiring Mr Morrison for cross-examination had been given, he was not produced, and the material did not show a sufficient reason why he could not attend or why special leave should be given, the affidavit could not be used under rule 135 of the Bankruptcy Rules.

Jurisdiction
Australia
Judgment Date
26 March 1987
Procedural Posture
Bankruptcy Proceeding / Interlocutory Evidentiary Ruling on Whether an Affidavit Could Be Read Where the Deponent Was Required for Cross Examination
Outcome
The affidavit of Phillip Morrison was not received.
Legal Topics
['affidavit Evidence' 'cross Examination of Deponent' 'special Leave to Use Affidavit' 'bankruptcy Rules']
['bankruptcy' 'evidence' 'civil Procedure'] ['affidavit Evidence' 'cross Examination of Deponent' 'special Leave to Use Affidavit' 'bankruptcy Rules']

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Procedural Posture

Bankruptcy Proceeding / Interlocutory Evidentiary Ruling on Whether an Affidavit Could Be Read Where the Deponent Was Required for Cross Examination

Legal Issues

  1. 1 ['Whether the affidavit of Phillip Morrison could be used as evidence when notice requiring his attendance for cross-examination had been given under rule 135 of the Bankruptcy Rules and he was not produced.' 'Whether special leave should be given to use the affidavit despite the deponent not being produced for cross-examination.']

Ratio Decidendi

Because adequate notice requiring Mr Morrison for cross-examination had been given, he was not produced, and the material did not show a sufficient reason why he could not attend or why special leave should be given, the affidavit could not be used under rule 135 of the Bankruptcy Rules.

Court Disposition

The affidavit of Phillip Morrison was not received.

Orders

  • ['The Court will not receive the affidavit.']