Adamson v Ede; ACN 097 590 817 Pty Ltd v Ede [2006] NSWSC 1342
The Supreme Court of NSW cannot make orders under UCPR 31.9 related to the admissibility of evidence in other courts; any decision on such evidence must be made by the court hearing the later proceedings. Injunctive relief will not be granted in the absence of an immediate and threatened misuse of discovered documents, and objections to evidence in affidavits should be raised at trial, not in advance by interlocutory motion.
- Jurisdiction
- Australia
- Judgment Date
- 30 November 2006
- Procedural Posture
- Motion / Interlocutory Application
- Outcome
- Motion dismissed
- Legal Topics
- ['use of Evidence From One Proceeding in Another' 'striking Out Scandalous/vexatious Allegations']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Motion / Interlocutory Application
Legal Issues
- 1 ['Whether the Supreme Court of NSW can grant or withhold leave for evidence tendered in another court pursuant to UCPR 31.9' 'Whether the Supreme Court should restrain the use of discovery documents in other proceedings' 'Whether to strike out scandalous, vexatious or unsupported fraud allegations from affidavits']
Ratio Decidendi
The Supreme Court of NSW cannot make orders under UCPR 31.9 related to the admissibility of evidence in other courts; any decision on such evidence must be made by the court hearing the later proceedings. Injunctive relief will not be granted in the absence of an immediate and threatened misuse of discovered documents, and objections to evidence in affidavits should be raised at trial, not in advance by interlocutory motion.
Court Disposition
Motion dismissed
Orders
- []
Full Case Text
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