NM Rural Enterprises Pty Ltd v Rimanui Farms Limited [2011] NSWSC 106

NM Rural Enterprises Pty Ltd v Rimanui Farms Limited [2011] NSWSC 106

Although an inspection would generally assist in understanding the evidence, in the circumstances of extensive existing material and expert opinion, the marginal benefit does not warrant the time and expense. Application refused with costs.

Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Interlocutory Application / Application for Inspection of Properties
Outcome
Application refused with costs
Legal Topics
['inspection of Property' 'section 53 Evidence Act 1995' 'waste of Time' 'cost of Inspection']
['evidence'] ['inspection of Property' 'section 53 Evidence Act 1995' 'waste of Time' 'cost of Inspection']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Inspection of Properties

Legal Issues

  1. 1 ['Whether inspection of rural properties would assist in resolving issues of fact or understanding the evidence under s 53 of Evidence Act 1995' 'Whether inspection might cause or result in undue waste of time' 'Whether the properties have materially altered']

Ratio Decidendi

Although an inspection would generally assist in understanding the evidence, in the circumstances of extensive existing material and expert opinion, the marginal benefit does not warrant the time and expense. Application refused with costs.

Court Disposition

Application refused with costs

Orders

  • ['Application for inspection of properties refused' 'First defendant to pay costs']