Sprayworx Pty Ltd v Homag Australia Pty Ltd [2016] NSWSC 84

Sprayworx Pty Ltd v Homag Australia Pty Ltd [2016] NSWSC 84

Only paragraphs 9 and 10 of Mr Duwentäster's 15 February 2016 affidavit are admitted; all other parts are rejected as they either exceed the scope of leave previously granted, are not relevant, or could and should have been raised earlier.

Jurisdiction
Australia
Judgment Date
17 February 2016
Procedural Posture
Procedural Ruling on Admissibility of Affidavit Evidence / Interlocutory
Outcome
Application to read further affidavit in large part rejected; only certain evidence allowed.
Legal Topics
['affidavit Evidence' 'leave to Adduce Further Evidence' 'form and Admissibility of Affidavits']
['evidence' 'civil Procedure'] ['affidavit Evidence' 'leave to Adduce Further Evidence' 'form and Admissibility of Affidavits']

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Procedural Posture

Procedural Ruling on Admissibility of Affidavit Evidence / Interlocutory

Legal Issues

  1. 1 ['Whether further affidavit complies with the terms of leave previously granted for adducing additional evidence' 'Whether additional evidence is relevant and should be admitted at this stage' 'Timeliness of adducing further affidavit evidence']

Ratio Decidendi

Only paragraphs 9 and 10 of Mr Duwentäster's 15 February 2016 affidavit are admitted; all other parts are rejected as they either exceed the scope of leave previously granted, are not relevant, or could and should have been raised earlier.

Court Disposition

Application to read further affidavit in large part rejected; only certain evidence allowed.

Orders

  • ["Paragraphs 9 and 10 of Mr Duwentäster's 15 February 2016 affidavit are admitted." "All other parts of Mr Duwentäster's 15 February 2016 affidavit are rejected."]