Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 6) [2015] NSWSC 1185

Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 6) [2015] NSWSC 1185

Leave was refused because the proposed evidence from Mr McKinnon was not previously disclosed in evidentiary statements as required by case management practices, thereby denying the plaintiff an opportunity to respond.

Jurisdiction
Australia
Judgment Date
18 August 2015
Procedural Posture
Civil / Application for Leave to Ask Questions in Response Evidence
Outcome
Leave not granted for Mr McKinnon to give the evidence foreshadowed by Mr Harris.
Legal Topics
['evidentiary Statements' 'leave to Ask Questions' 'case Management']
['civil Procedure'] ['evidentiary Statements' 'leave to Ask Questions' 'case Management']

Case Brief

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Procedural Posture

Civil / Application for Leave to Ask Questions in Response Evidence

Legal Issues

  1. 1 ['Whether leave should be granted for Mr McKinnon to give evidence not contained in the evidentiary statement of the second defendant']

Ratio Decidendi

Leave was refused because the proposed evidence from Mr McKinnon was not previously disclosed in evidentiary statements as required by case management practices, thereby denying the plaintiff an opportunity to respond.

Court Disposition

Leave not granted for Mr McKinnon to give the evidence foreshadowed by Mr Harris.

Orders

  • ['Leave not granted for Mr McKinnon to give the evidence foreshadowed by Mr Harris.']