Brumby v Mt Arthur Coal Pty Ltd; Ready Workforce (A Division of Chandler MacLeod) Pty Ltd v Mt Arthur Coal Pty Ltd (No. 2) [2024] NSWSC 1633
Leave to tender the historical affidavits was refused because the application was made too late, contrary to case management orders, Practice Note SC CL 1, and without justification given the long-standing awareness of the subpoena issue.
- Parties
- Plaintiff: Nathan John Brumby; Defendant: Mt Arthur Coal Pty Ltd; Plaintiff: Ready Workforce (A Division of Chandler MacLeod) Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 20 December 2024
- Procedural Posture
- Civil Procedure / Workers Compensation Recovery / Procedural Ruling During Trial
- Outcome
- Defendant's application refused
- Legal Topics
- Affidavit Evidence, Subpoena Compliance, Case Management, Practice Note SC CL 1, Late Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Nathan John Brumby
Plaintiff
Mt Arthur Coal Pty Ltd
Defendant
Ready Workforce (A Division of Chandler MacLeod) Pty Ltd
Plaintiff
Procedural Posture
Civil Procedure / Workers Compensation Recovery / Procedural Ruling During Trial
Legal Issues
- 1 Whether the defendant should be permitted to tender seven historical affidavits addressing previous searches for subpoenaed documents at day six of trial
Ratio Decidendi
Leave to tender the historical affidavits was refused because the application was made too late, contrary to case management orders, Practice Note SC CL 1, and without justification given the long-standing awareness of the subpoena issue.
Court Disposition
Defendant's application refused
Orders
- The defendant's application to tender seven historical affidavits is refused.
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