Onus v Telstra Corporation Limited [2010] NSWSC 1146

Onus v Telstra Corporation Limited [2010] NSWSC 1146

The proposed inspection and demonstration would not assist in the resolution of the issues in dispute and would cause undue delay and expense; therefore, the application is refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Notice of Motion (interlocutory Application) / Interlocutory Ruling
Outcome
Application refused
Legal Topics
['interlocutory Issues' 'orders for Inspection' 'facilitation of Just, Quick and Cheap Resolution']
['procedure'] ['interlocutory Issues' 'orders for Inspection' 'facilitation of Just, Quick and Cheap Resolution']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Notice of Motion (interlocutory Application) / Interlocutory Ruling

Legal Issues

  1. 1 ["Whether an inspection and demonstration at 'The Oaks Airport' and surrounding premises should be ordered under section 53 of the Evidence Act 1995" 'Whether such orders would facilitate just, quick and cheap resolution of the real issues in the proceedings']

Ratio Decidendi

The proposed inspection and demonstration would not assist in the resolution of the issues in dispute and would cause undue delay and expense; therefore, the application is refused.

Court Disposition

Application refused

Orders

  • ['The application for the orders sought in the notice of motion is refused.']