Khan v Khan; Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 1993

Khan v Khan; Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 1993

Paragraphs 13-17 of Aijaz Khan's affidavit were excluded because the minute book material was produced and served very late, after directions and production orders had not been complied with, and its admission would cause real prejudice to the Defendants by raising new contested issues about constitutional amendments and authenticity that could not fairly be addressed within the allocated hearing without delay. The balance of the affidavit did not involve comparable prejudice and could be read subject to specific admissibility objections.

Jurisdiction
Australia
Judgment Date
14 April 2015
Procedural Posture
Equity Corporations List; Procedural and Other Ruling / Interlocutory Ruling on Whether the Plaintiffs Could Read Aijaz Khan's Affidavit Dated 30 March 2015 Served After the Date for Evidence in Chief
Outcome
Paragraphs 13-17 of the affidavit were excluded; the balance of the affidavit was allowed to be read subject to specific admissibility objections.
Legal Topics
['leave to Rely on Late Affidavit Evidence' 'case Management Directions' 'prejudice From Late Service and Late Production of Documents' 'exclusion of Evidence' 'association Constitution and Voting Eligibility']
['civil Procedure' 'evidence' 'corporations and Associations'] ['leave to Rely on Late Affidavit Evidence' 'case Management Directions' 'prejudice From Late Service and Late Production of Documents' 'exclusion of Evidence' 'association Constitution and Voting Eligibility']

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Procedural Posture

Equity Corporations List; Procedural and Other Ruling / Interlocutory Ruling on Whether the Plaintiffs Could Read Aijaz Khan's Affidavit Dated 30 March 2015 Served After the Date for Evidence in Chief

Legal Issues

  1. 1 ["Whether the Plaintiffs should be permitted to read Aijaz Khan's affidavit dated 30 March 2015 despite late service after the timetable for evidence in chief and reply evidence" 'Whether paragraphs 13-17 concerning minute book material and constitutional amendments should be excluded because their late service and late production caused prejudice to the Defendants' 'Whether the balance of the affidavit should be excluded or allowed to be read subject to specific admissibility objections']

Ratio Decidendi

Paragraphs 13-17 of Aijaz Khan's affidavit were excluded because the minute book material was produced and served very late, after directions and production orders had not been complied with, and its admission would cause real prejudice to the Defendants by raising new contested issues about constitutional amendments and authenticity that could not fairly be addressed within the allocated hearing without delay. The balance of the affidavit did not involve comparable prejudice and could be read subject to specific admissibility objections.

Court Disposition

Paragraphs 13-17 of the affidavit were excluded; the balance of the affidavit was allowed to be read subject to specific admissibility objections.

Orders

  • ['Exclude paragraphs 13-17 of the affidavit.' 'Allow the balance of the affidavit to be read, subject to the specific objections as to admissibility.']