Day v Mercedes-Benz Australia Pacific Pty Ltd [2011] FCA 454

Day v Mercedes-Benz Australia Pacific Pty Ltd [2011] FCA 454

The Court was not persuaded that the difficulties for the respondent were sufficient to exclude Mr Brede's affidavit at this stage and stood over the respondent's motion to a later date, allowing time for the respondent to address the factual matters raised.

Jurisdiction
Australia
Judgment Date
06 May 2011
Procedural Posture
Civil / Interlocutory Motion Prior to Final Hearing
Outcome
The respondent's notice of motion was stood over to 6 June 2011. Orders were made allowing the respondent to file its defence, make applications regarding subpoenas, file submissions on costs, serve further materials, and file additional affidavits. The court declined to finally determine costs but indicated that...
Legal Topics
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Case Brief

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Procedural Posture

Civil / Interlocutory Motion Prior to Final Hearing

Legal Issues

  1. 1 ['Whether the applicants should be permitted to read and rely on the affidavit of Campbell Dawson Brede filed late in the proceedings']

Ratio Decidendi

The Court was not persuaded that the difficulties for the respondent were sufficient to exclude Mr Brede's affidavit at this stage and stood over the respondent's motion to a later date, allowing time for the respondent to address the factual matters raised.

Court Disposition

The respondent's notice of motion was stood over to 6 June 2011. Orders were made allowing the respondent to file its defence, make applications regarding subpoenas, file submissions on costs, serve further materials, and file additional affidavits. The court declined to finally determine costs but indicated that...

Orders

  • ["The respondent's notice of motion filed on 29 April 2011 be stood over to 6 June 2011." 'The orders of Justice Stone made on 21 April 2011 be varied to allow the respondent to file its defence to the second further amended statement of claim by 6 May 2011 at 4:00 pm.' "The respondent make any application for leave...