Yu v Wei (No 2) [2019] NSWDC 948
Leave to rely on the late-served affidavit was refused due to lack of explanation for lateness, non-compliance with court directions, failure to put the evidence to plaintiff’s witnesses, and clear prejudice to the plaintiff.
- Jurisdiction
- Australia
- Judgment Date
- 29 August 2019
- Procedural Posture
- Civil / Procedural Ruling
- Outcome
- Application rejected; leave refused
- Legal Topics
- ['affidavits' 'late Service' 'prejudice' 'witness Evidence']
Case Brief
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Procedural Posture
Civil / Procedural Ruling
Legal Issues
- 1 ['Whether leave should be granted for defendants to read and rely upon the late-served affidavit of Park Zuliang Wei']
Ratio Decidendi
Leave to rely on the late-served affidavit was refused due to lack of explanation for lateness, non-compliance with court directions, failure to put the evidence to plaintiff’s witnesses, and clear prejudice to the plaintiff.
Court Disposition
Application rejected; leave refused
Orders
- ['Leave for the defendants to read and rely upon the affidavit of Park Zuliang Wei dated 28 August 2019 is refused']
Full Case Text
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