Linfox Transport (Aust) Pty Limited v Ellul & Ors [2003] NSWSC 396

Linfox Transport (Aust) Pty Limited v Ellul & Ors [2003] NSWSC 396

The requirement to serve prior statements of evidence by all plaintiff witnesses should be set aside in relation to Steven Knight and 'Max' due to their unavailability or unwillingness, but otherwise the Registrar's orders are affirmed. Audio/visual tapes regarding 'Max' and the monitored agreement are to be produced. Extension of time is allowed as no prejudice is shown, and costs are to be in the cause.

Jurisdiction
Australia
Judgment Date
13 May 2003
Procedural Posture
Appeal / Interlocutory Application; Review of Registrar's Decision
Outcome
Appeal allowed; orders affirmed with variation
Legal Topics
['interlocutory Applications' 'case Management' 'service of Witness Statements' 'extension of Time']
['civil Procedure'] ['interlocutory Applications' 'case Management' 'service of Witness Statements' 'extension of Time']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application; Review of Registrar's Decision

Legal Issues

  1. 1 ["Whether time should be extended for filing notice of motion to review Registrar's decision" 'Whether plaintiff should be compelled to provide affidavits/witness statements for all witnesses, in particular those unavailable' 'Disclosure obligations regarding evidence for certain witnesses']

Ratio Decidendi

The requirement to serve prior statements of evidence by all plaintiff witnesses should be set aside in relation to Steven Knight and 'Max' due to their unavailability or unwillingness, but otherwise the Registrar's orders are affirmed. Audio/visual tapes regarding 'Max' and the monitored agreement are to be produced. Extension of time is allowed as no prejudice is shown, and costs are to be in the cause.

Court Disposition

Appeal allowed; orders affirmed with variation

Orders

  • ['Appeal allowed' "Orders of Senior Deputy Registrar affirmed except order 2 is varied to exclude Steven Knight and 'Max' from affidavit requirement" "Plaintiff to produce to defendant all audio and visual recordings relating to 'Max' and the supply monitored agreement" 'Costs in the cause']