Medcalf v The Greens NSW [2017] NSWSC 683

The court held that the identified affidavit paragraphs were not clearly irrelevant, addressed pleaded topics, and any ruling on admissibility was best reserved for the trial judge. Consequently, the notice of motion to strike out affidavit paragraphs was dismissed, and the defendant ordered to pay the plaintiff's costs.

Jurisdiction: Australia
Judgment Date: 01 June 2017
Procedural Posture: Civil / Interlocutory Motion Application to Strike Out Affidavit Paragraphs
Outcome: Defendant's application dismissed; defendant to pay plaintiff's costs.
Legal Topics: ['strike Out Application' 'affidavit Evidence' 'relevance of Evidence' 'costs Orders']

['civil Procedure'] ['strike Out Application' 'affidavit Evidence' 'relevance of Evidence' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Interlocutory Motion Application to Strike Out Affidavit Paragraphs

Legal Issues

1 ['Whether identified affidavit paragraphs should be struck out as irrelevant, scandalous, vexatious, oppressive or contrary to Civil Procedure Act s 56' 'Whether the court should exercise discretion under UCPR r 4.15' 'Application of Fair Work Act s 570 to costs']

Ratio Decidendi

Court Disposition

Defendant's application dismissed; defendant to pay plaintiff's costs.

Orders

["The defendant's notice of motion filed 23 March 2017 is dismissed." "The defendant is to pay the plaintiff's costs on an ordinary basis."]