Giddins (nee Cooper and Ryan) v Ryan [2018] NSWSC 469

Giddins (nee Cooper and Ryan) v Ryan [2018] NSWSC 469

Witness evidence, including the plaintiff's evidence, could be adduced by affidavit because the plaintiff's affidavit had already been prepared and served, the defendant or his representative had long had the relevant material, the plaintiff had previously given evidence and been cross-examined in criminal proceedings, oral evidence would not materially assist credit issues given the passage of time, and affidavit evidence would facilitate the just, quick and cheap resolution of the real issues without injustice.

Jurisdiction
Australia
Judgment Date
17 April 2018
Procedural Posture
Common Law Civil Proceeding Alleging Trespass to the Person Associated With Sexual Assault / Pre Trial Procedural Ruling on the Manner in Which Evidence Would Be Adduced at Trial and Compliance With a Statement of Issues Requirement
Outcome
Orders made relieving the defendant from the Statement of Issues requirement, permitting witness evidence by affidavit, and making costs of the day costs in the cause.
Legal Topics
['affidavit Evidence' 'oral Evidence' 'statement of Issues' 'just, Quick and Cheap Resolution of Proceedings']
['practice and Procedure' 'civil Procedure' 'trespass to the Person'] ['affidavit Evidence' 'oral Evidence' 'statement of Issues' 'just, Quick and Cheap Resolution of Proceedings']

Case Brief

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Procedural Posture

Common Law Civil Proceeding Alleging Trespass to the Person Associated With Sexual Assault / Pre Trial Procedural Ruling on the Manner in Which Evidence Would Be Adduced at Trial and Compliance With a Statement of Issues Requirement

Legal Issues

  1. 1 ["Whether witness evidence, including the plaintiff's evidence, should be adduced by affidavit rather than orally at trial." 'Whether the defendant should be relieved from compliance with the requirement to provide a Statement of Issues in accordance with Appendix B of the Supreme Court Practice Note.']

Ratio Decidendi

Witness evidence, including the plaintiff's evidence, could be adduced by affidavit because the plaintiff's affidavit had already been prepared and served, the defendant or his representative had long had the relevant material, the plaintiff had previously given evidence and been cross-examined in criminal proceedings, oral evidence would not materially assist credit issues given the passage of time, and affidavit evidence would facilitate the just, quick and cheap resolution of the real issues without injustice.

Court Disposition

Orders made relieving the defendant from the Statement of Issues requirement, permitting witness evidence by affidavit, and making costs of the day costs in the cause.

Orders

  • ['The defendant is relieved from compliance with the requirement to provide a Statement of Issues in accordance with Appendix B of the Supreme Court Practice Note.' 'Witness evidence, including that of the plaintiff, may be adduced by affidavit.' 'The costs of today will be costs in the cause.']