Heytrack (Aust) Pty Ltd v Jumbuck Campus Pty Ltd [1999] FCA 57

Heytrack (Aust) Pty Ltd v Jumbuck Campus Pty Ltd [1999] FCA 57

Although the respondent had been dilatory, it appeared to have a case without the affidavit of Mr Cliff Clifford and had produced other evidence within time, so rather than shutting the respondent out from defending the claim, the Court imposed a final deadline after which the respondent could not rely on any affidavit of that witness without leave of the trial judge.

Jurisdiction
Australia
Judgment Date
02 February 1999
Procedural Posture
Federal Court Civil Proceeding / Interlocutory Order Concerning Filing and Service of Witness Affidavit
Outcome
Order made requiring any affidavit by Mr Cliff Clifford to be filed and served by 12 February 1999, failing which the respondent cannot rely on any affidavit of that witness without leave of the trial judge.
Legal Topics
['witness Affidavit' 'self Executing Order' 'leave to Rely on Evidence' 'trial Preparation']
['civil Procedure' 'evidence'] ['witness Affidavit' 'self Executing Order' 'leave to Rely on Evidence' 'trial Preparation']

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Procedural Posture

Federal Court Civil Proceeding / Interlocutory Order Concerning Filing and Service of Witness Affidavit

Legal Issues

  1. 1 ["Whether a self-executing order should be made because of the respondent's delay in obtaining an affidavit from Mr Cliff Clifford." 'What time should be allowed for the respondent to file and serve any affidavit by Mr Cliff Clifford, and what consequence should follow non-compliance.']

Ratio Decidendi

Although the respondent had been dilatory, it appeared to have a case without the affidavit of Mr Cliff Clifford and had produced other evidence within time, so rather than shutting the respondent out from defending the claim, the Court imposed a final deadline after which the respondent could not rely on any affidavit of that witness without leave of the trial judge.

Court Disposition

Order made requiring any affidavit by Mr Cliff Clifford to be filed and served by 12 February 1999, failing which the respondent cannot rely on any affidavit of that witness without leave of the trial judge.

Orders

  • ['Unless an affidavit by Mr Cliff Clifford is filed and served by 12 February 1999, the respondent shall not be able to rely on any affidavit of that witness without leave of the trial judge.']