Permanent Custodians Ltd v Geagea [2013] NSWSC 413

Permanent Custodians Ltd v Geagea [2013] NSWSC 413

Leave was granted because the second and third defendants gave an adequate explanation for the late emergence of the affidavits, there was no objection to the Charbel Geagea affidavit, and it was in the interests of justice to allow reliance on the evidence, while preserving the trial judge's control over admissibility and allowing the fourth to sixth defendants to file reply evidence. The second and third defendants were ordered to pay the costs because the application was necessitated by their history of non-compliance and late investigations, and the fourth to sixth defendants' opposition was not unreasonable.

Jurisdiction
Australia
Judgment Date
15 April 2013
Procedural Posture
Practice and Procedure Application for Leave to Serve and Rely Upon Affidavits / Application by the Second and Third Defendants for Leave to Serve and Rely Upon Three Affidavits After an Order Requiring Leave for Further Evidence
Outcome
Leave granted to the second and third defendants to file and serve the affidavits; reply evidence timetable set; second and third defendants ordered to pay the fourth to sixth defendants' costs of the application; liberty to apply reserved.
Legal Topics
['leave to Serve Evidence Out of Time' 'reliance on Affidavits' 'non Compliance With Court Orders' 'evidence in Reply' 'costs of Application']
['practice and Procedure'] ['leave to Serve Evidence Out of Time' 'reliance on Affidavits' 'non Compliance With Court Orders' 'evidence in Reply' 'costs of Application']

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Procedural Posture

Practice and Procedure Application for Leave to Serve and Rely Upon Affidavits / Application by the Second and Third Defendants for Leave to Serve and Rely Upon Three Affidavits After an Order Requiring Leave for Further Evidence

Legal Issues

  1. 1 ["Whether the second and third defendants should be granted leave to file and serve affidavits after the time fixed by the court's earlier orders" 'Whether the fourth to sixth defendants should have an opportunity to file evidence in reply' 'Who should pay the costs of the leave application']

Ratio Decidendi

Leave was granted because the second and third defendants gave an adequate explanation for the late emergence of the affidavits, there was no objection to the Charbel Geagea affidavit, and it was in the interests of justice to allow reliance on the evidence, while preserving the trial judge's control over admissibility and allowing the fourth to sixth defendants to file reply evidence. The second and third defendants were ordered to pay the costs because the application was necessitated by their history of non-compliance and late investigations, and the fourth to sixth defendants' opposition was not unreasonable.

Court Disposition

Leave granted to the second and third defendants to file and serve the affidavits; reply evidence timetable set; second and third defendants ordered to pay the fourth to sixth defendants' costs of the application; liberty to apply reserved.

Orders

  • ['Grant leave to the second and third defendants to file and serve the affidavits of Charbel Geagea sworn in April 2013; the affidavit of Donna Andary of 21 March 2013; and the affidavit of Ray Andary of 21 March 2013.' 'Order that the fourth to sixth defendants file any evidence in reply by 4pm 30 April 2013.'...