Fuller v McLeod [2016] NSWDC 371

Fuller v McLeod [2016] NSWDC 371

Given the photographs’ provenance, both parties' access for a considerable period, and their potential relevance, leave is granted under UCPR 31.10(2)(b) for plaintiff to tender MFI 5 despite lack of formal prior service.

Jurisdiction
Australia
Judgment Date
23 November 2016
Procedural Posture
Civil / Procedural Ruling Regarding Tender of Evidence
Outcome
Leave granted to tender photographs MFI 5.
Legal Topics
['photographs' 'tender of Evidence' 'ucpr Compliance']
['evidence'] ['photographs' 'tender of Evidence' 'ucpr Compliance']

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Procedural Posture

Civil / Procedural Ruling Regarding Tender of Evidence

Legal Issues

  1. 1 ['Whether leave should be granted to tender photographs (MFI 5) not served in accordance with UCPR 31.10 at least seven days prior to hearing']

Ratio Decidendi

Given the photographs’ provenance, both parties' access for a considerable period, and their potential relevance, leave is granted under UCPR 31.10(2)(b) for plaintiff to tender MFI 5 despite lack of formal prior service.

Court Disposition

Leave granted to tender photographs MFI 5.

Orders

  • ['Leave is granted pursuant to UCPR 31.10(2)(b) for the plaintiff to tender the photographs, MFI 5.' 'MFI 5 will become exhibit P.']