Colin Biggers & Paisley Pty Limited t/as Colin Biggers and Paisley v McKenzie (No 2) [2017] NSWSC 1427

Colin Biggers & Paisley Pty Limited t/as Colin Biggers and Paisley v McKenzie (No 2) [2017] NSWSC 1427

Although the Court had doubts about the relevance of parts of the tender bundle and whether they evidenced delaying tactics, the material was admitted because the applicant sought to rely on it as potentially establishing facts relevant to the discretionary decision on the stay application, and the chronology was useful for significant dates.

Jurisdiction
Australia
Judgment Date
16 October 2017
Procedural Posture
Evidence Ruling on a Stay Application / Tender of Applicant's Tender Bundle
Outcome
Applicant's tender bundle admitted on the stay application as Exhibit B.
Legal Topics
['relevance' 'admissibility of Tender Bundle' 'stay Application']
['evidence' 'civil Procedure'] ['relevance' 'admissibility of Tender Bundle' 'stay Application']

Case Brief

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Procedural Posture

Evidence Ruling on a Stay Application / Tender of Applicant's Tender Bundle

Legal Issues

  1. 1 ["Whether the applicant's tender bundle should be admitted on the stay application despite objections that much of the material was new and irrelevant." 'Whether material said to support an inference that the respondent sought to frustrate professional negligence proceedings was relevant to the discretion whether to grant a stay.']

Ratio Decidendi

Although the Court had doubts about the relevance of parts of the tender bundle and whether they evidenced delaying tactics, the material was admitted because the applicant sought to rely on it as potentially establishing facts relevant to the discretionary decision on the stay application, and the chronology was useful for significant dates.

Court Disposition

Applicant's tender bundle admitted on the stay application as Exhibit B.

Orders

  • ["The applicant's tender bundle is admitted on the stay application as Exhibit B."]