Berwick v Richard Oliver International and anor [2002] NSWIRComm 352

Berwick v Richard Oliver International and anor [2002] NSWIRComm 352

The tender of the late-served emails is declined on the grounds of prejudice to the applicant's ability to respond fairly and the lateness of provision contrary to case directions, without needing to resolve the issue of alleged improper obtaining of the evidence.

Jurisdiction
Australia
Judgment Date
26 November 2002
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Ruling on Evidentiary Objection (extempore) During Trial
Outcome
Objection to tender is upheld; emails not admitted into evidence.
Legal Topics
['unfair Contract' 'evidentiary Objection' 'late Service' 'unfair Prejudice' 'tender of Evidence']
['industrial Relations' 'evidence Law'] ['unfair Contract' 'evidentiary Objection' 'late Service' 'unfair Prejudice' 'tender of Evidence']

Case Brief

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Ruling on Evidentiary Objection (extempore) During Trial

Legal Issues

  1. 1 ['Whether the late-tendered emails should be admitted into evidence despite late service contrary to directions' 'Whether the probative value of the emails is substantially outweighed by unfair prejudice to the applicant under s135 of the Evidence Act 1995' 'Whether the emails were obtained improperly under s138 of the Evidence Act 1995']

Ratio Decidendi

The tender of the late-served emails is declined on the grounds of prejudice to the applicant's ability to respond fairly and the lateness of provision contrary to case directions, without needing to resolve the issue of alleged improper obtaining of the evidence.

Court Disposition

Objection to tender is upheld; emails not admitted into evidence.

Orders

  • ['Tender of additional emails by respondents is refused.']