Duncan-Strelic & Ors v Tate & Ors [2010] NSWSC 444

Duncan-Strelic & Ors v Tate & Ors [2010] NSWSC 444

Leave was granted to the plaintiffs to rely upon the additional affidavits because new and credible explanations for previous non-compliance were presented, the defendants would not be unduly prejudiced, and the interests of justice required the plaintiffs to have a fair opportunity to present their case.

Parties
First Plaintiff: Amanda Duncan-Strelic; Second Plaintiff: David Strelic; Third Plaintiff: Dunlec Pty Ltd; First Defendant: Thomas Richard Tate; Second Defendant: Ruth Tate; Third Defendant: Wamego Pty Ltd
Jurisdiction
Australia
Judgment Date
06 May 2010
Procedural Posture
Interlocutory Application / Leave to Rely on Further Lay Evidence Prior to Trial
Outcome
Application granted
Legal Topics
Leave to Adduce Further Evidence, Compliance With Court Orders, Case Management
Procedure Leave to Adduce Further Evidence Compliance With Court Orders Case Management

Case Brief

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Parties

Amanda Duncan-Strelic

First Plaintiff

David Strelic

Second Plaintiff

Dunlec Pty Ltd

Third Plaintiff

Thomas Richard Tate

First Defendant

Ruth Tate

Second Defendant

Wamego Pty Ltd

Third Defendant

Procedural Posture

Interlocutory Application / Leave to Rely on Further Lay Evidence Prior to Trial

Legal Issues

  1. 1 Whether leave should be granted to plaintiffs to rely upon further lay evidence despite previous court orders prohibiting such evidence
  2. 2 Whether new material or explanations for delay justify variance of previous orders

Ratio Decidendi

Leave was granted to the plaintiffs to rely upon the additional affidavits because new and credible explanations for previous non-compliance were presented, the defendants would not be unduly prejudiced, and the interests of justice required the plaintiffs to have a fair opportunity to present their case.

Court Disposition

Application granted

Orders

  • Leave granted for plaintiffs to rely upon affidavits specified in paragraph 1(a)-(f) of Notice of Motion filed 14 April 2010.
  • Liability to be determined separately from and prior to quantum of damages, if any.