Azmin Firoz Daya v CX Reinsurance Company Limited [2012] NSWSC 1294

Azmin Firoz Daya v CX Reinsurance Company Limited [2012] NSWSC 1294

Objection to defendants calling Mr Peck and Mr Murray to give evidence is overruled. Given the narrow scope of proposed evidence and time available for preparation, no unacceptable prejudice will be occasioned to the plaintiff. Formal limitation of evidence topics is required and must be served by the defendants by a set deadline.

Jurisdiction
Australia
Judgment Date
15 October 2012
Procedural Posture
Interlocutory Application / Ruling on Objection to Evidence
Outcome
Objection overruled
Legal Topics
['admissibility of Evidence' 'prejudice From Late Service' 'procedural Fairness']
['evidence' 'civil Procedure'] ['admissibility of Evidence' 'prejudice From Late Service' 'procedural Fairness']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Objection to Evidence

Legal Issues

  1. 1 ['Whether late notice of intention to adduce evidence of certain witnesses would cause prejudice to the plaintiff' 'Whether evidence from Mr Peck and Mr Murray ought to be excluded']

Ratio Decidendi

Objection to defendants calling Mr Peck and Mr Murray to give evidence is overruled. Given the narrow scope of proposed evidence and time available for preparation, no unacceptable prejudice will be occasioned to the plaintiff. Formal limitation of evidence topics is required and must be served by the defendants by a set deadline.

Court Disposition

Objection overruled

Orders

  • ['Defendants to serve statements of evidence for Mr Peck and Mr Murray by midday on 19 October 2012' "Defendants to pay plaintiff's costs of motion"]