D B Mahaffy & Associates v Mahaffy [2013] NSWSC 1863

D B Mahaffy & Associates v Mahaffy [2013] NSWSC 1863

Because David Mahaffy had had time to comply with Garling J's orders for filing evidence and provided an inadequate explanation for failing to do so, he should not be permitted to rely on evidence not already filed without leave of the trial judge; the matter should proceed to hearing on 7 April 2014 with directions for submissions.

Jurisdiction
Australia
Judgment Date
12 December 2013
Procedural Posture
Proceedings for Contempt / Interlocutory Application; Directions
Outcome
Directions made; matter fixed for hearing on 7 April 2014.
Legal Topics
['failure to Comply With Court Orders' 'directions for Hearing' 'leave to Rely on Further Evidence' 'filing and Service of Submissions']
['procedure' 'contempt'] ['failure to Comply With Court Orders' 'directions for Hearing' 'leave to Rely on Further Evidence' 'filing and Service of Submissions']

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Procedural Posture

Proceedings for Contempt / Interlocutory Application; Directions

Legal Issues

  1. 1 ['Whether directions should be made for the hearing of the contempt proceedings after failures by the Plaintiffs to comply with earlier orders.' 'Whether David Mahaffy should be permitted to rely on evidence not already filed despite non-compliance with orders for filing evidence.']

Ratio Decidendi

Because David Mahaffy had had time to comply with Garling J's orders for filing evidence and provided an inadequate explanation for failing to do so, he should not be permitted to rely on evidence not already filed without leave of the trial judge; the matter should proceed to hearing on 7 April 2014 with directions for submissions.

Court Disposition

Directions made; matter fixed for hearing on 7 April 2014.

Orders

  • ['Matter fixed for hearing 7 April 2014.' 'Defendant to file and serve all submissions supporting Further Amended Charge by 3 March 2014.' "Plaintiffs' submissions to be filed and served by 28 March 2014." 'Plaintiff not permitted to rely on further evidence without leave of trial judge.' "Liberty to apply on 2...