Sykes v Richardson (No 2) [2007] NSWSC 454

Sykes v Richardson (No 2) [2007] NSWSC 454

Given the unchallenged medical evidence of the applicant's serious illness and incapacity, any examination, orally or in writing, is not possible within the required time frame. Thus, the ex parte orders should be set aside in the exercise of the Court's discretion.

Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Practice & Procedure Application / Application to Set Aside Ex Parte Orders
Outcome
Application granted
Legal Topics
['setting Aside Ex Parte Orders' 'examination of Witness' 'evidence on Commission Act (nsw)' 'discretion Under S33' 'serious Illness of Witness']
['practice & Procedure'] ['setting Aside Ex Parte Orders' 'examination of Witness' 'evidence on Commission Act (nsw)' 'discretion Under S33' 'serious Illness of Witness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice & Procedure Application / Application to Set Aside Ex Parte Orders

Legal Issues

  1. 1 ['Whether to set aside ex parte orders for examination of a witness due to serious illness and impracticability of oral or written examination' "Extent of Court's discretion under s33 of the Evidence on Commission Act"]

Ratio Decidendi

Given the unchallenged medical evidence of the applicant's serious illness and incapacity, any examination, orally or in writing, is not possible within the required time frame. Thus, the ex parte orders should be set aside in the exercise of the Court's discretion.

Court Disposition

Application granted

Orders

  • ['Orders of Patten AJ of 29 March 2007 and the subpoena to the applicant of 13 April 2007 set aside']