Different Solutions Pty Limited v Commissioner, Australian Federal Police [2008] FCA 1571

Different Solutions Pty Limited v Commissioner, Australian Federal Police [2008] FCA 1571

Leave was granted because, although the affidavit had been served late, the Court considered that any prejudice to the applicants could be overcome by limiting the paragraphs to be read, putting the first respondent on strict terms, and ensuring timely production of documents needed to test Ms Balen's belief.

Jurisdiction
Australia
Judgment Date
15 September 2008
Procedural Posture
Federal Court Proceeding Concerning Leave to Use an Affidavit / Interlocutory Hearing on the First Respondent's Application for Leave to Read Parts of an Affidavit Served Late
Outcome
Leave granted to the first respondent to read specified paragraphs of the affidavit of Josephine Balen, sworn 15 September 2008, subject to all proper objections as to admissibility.
Legal Topics
['service of Affidavits' 'leave to Use Affidavit' 'dispensing With Compliance With Federal Court Rules' 'prejudice From Late Service' 'cross Examination Preparation']
['civil Procedure' 'evidence'] ['service of Affidavits' 'leave to Use Affidavit' 'dispensing With Compliance With Federal Court Rules' 'prejudice From Late Service' 'cross Examination Preparation']

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Procedural Posture

Federal Court Proceeding Concerning Leave to Use an Affidavit / Interlocutory Hearing on the First Respondent's Application for Leave to Read Parts of an Affidavit Served Late

Legal Issues

  1. 1 ["Whether the first respondent should be granted leave to read specified paragraphs of Josephine Balen's affidavit notwithstanding late service on the applicants." 'Whether any prejudice to the applicants from late service could be overcome by terms, timely production of documents, and allowance for preparation for cross-examination.']

Ratio Decidendi

Leave was granted because, although the affidavit had been served late, the Court considered that any prejudice to the applicants could be overcome by limiting the paragraphs to be read, putting the first respondent on strict terms, and ensuring timely production of documents needed to test Ms Balen's belief.

Court Disposition

Leave granted to the first respondent to read specified paragraphs of the affidavit of Josephine Balen, sworn 15 September 2008, subject to all proper objections as to admissibility.

Orders

  • ['Grants leave to the first respondent to read paragraphs 1, 2, 3, 4, 8, 11, 13, 14 and 15 of the affidavit of Josephine Balen, sworn 15 September 2008, subject to all proper objections as to admissibility.']