Sedrak v Starr [2009] NSWSC 996

Sedrak v Starr [2009] NSWSC 996

Leave to adduce further evidence was revoked because the plaintiff's affidavit exceeded the limited scope allowed, included matters that should have been in chief, and allowing further evidence would cause undesirable delay contrary to case management principles.

Jurisdiction
Australia
Judgment Date
18 September 2009
Procedural Posture
Procedural Ruling / Pre Trial
Outcome
Leave to adduce further evidence revoked.
Legal Topics
['further Evidence' 'affidavit Evidence' 'case Management' 'leave to Adduce Evidence']
['civil Procedure'] ['further Evidence' 'affidavit Evidence' 'case Management' 'leave to Adduce Evidence']

Case Brief

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Procedural Posture

Procedural Ruling / Pre Trial

Legal Issues

  1. 1 ['Whether leave for the plaintiff to serve further affidavit evidence should be revoked given the scope exceeded initial representation and imminent trial date.']

Ratio Decidendi

Leave to adduce further evidence was revoked because the plaintiff's affidavit exceeded the limited scope allowed, included matters that should have been in chief, and allowing further evidence would cause undesirable delay contrary to case management principles.

Court Disposition

Leave to adduce further evidence revoked.

Orders

  • ['Paragraph 2 of the orders made on 24 August 2009 is vacated.' 'The plaintiff is to pay the costs of and incidental to the hearing of 18 September 2009.' 'The matter is stood back into the ECM court.']