Leigh-Mardon Pty Ltd v Titan Corporation Ltd & Ors [1996] FCA 1038

Leigh-Mardon Pty Ltd v Titan Corporation Ltd & Ors [1996] FCA 1038

The Court considered that pursuing the proposed cross-examination concerning the alleged contradictions about the $90,000.00 remuneration issue would not assist the determination of the matter, and therefore leave to cross-examine Mr Graco was refused.

Jurisdiction
Australia
Judgment Date
21 November 1996
Procedural Posture
Application for Adjournment or Vacation of Hearing Date and Consequential Orders / Interlocutory Application
Outcome
Leave to cross-examine Mr Graco on his affidavit was refused.
Legal Topics
['adjournment' 'vacation of Hearing Date' 'cross Examination on Affidavit' 'trial Preparation']
['civil Procedure'] ['adjournment' 'vacation of Hearing Date' 'cross Examination on Affidavit' 'trial Preparation']

Case Brief

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Procedural Posture

Application for Adjournment or Vacation of Hearing Date and Consequential Orders / Interlocutory Application

Legal Issues

  1. 1 ["Whether leave should be granted to cross-examine Mr Graco on his affidavit in relation to alleged dissipation of Titan's assets and an amount of $90,000.00 said to relate to directors' remuneration."]

Ratio Decidendi

The Court considered that pursuing the proposed cross-examination concerning the alleged contradictions about the $90,000.00 remuneration issue would not assist the determination of the matter, and therefore leave to cross-examine Mr Graco was refused.

Court Disposition

Leave to cross-examine Mr Graco on his affidavit was refused.

Orders

  • ['The Court does not give leave to cross-examine Mr Graco on his affidavit in relation to the matter.']