Thompson, Peter Anthony & Anor v Ice Creameries of Australia Pty Ltd & Anor [1997] FCA 1569

Thompson, Peter Anthony & Anor v Ice Creameries of Australia Pty Ltd & Anor [1997] FCA 1569

The admissibility of Mr Atchison's affidavit was denied except for paragraphs 5, 6, and 7, because most of the evidence either repeated prior material, could have been presented earlier, would cause procedural prejudice, or open up new factual areas requiring further investigation. Only the limited portion directly addressing new matters raised in cross-examination was admitted.

Jurisdiction
Australia
Judgment Date
14 August 1997
Procedural Posture
Civil / Interlocutory Ruling on Admissibility of Evidence
Outcome
Affidavit of David Alan Atchison of 12 August 1997 admitted in part
Legal Topics
['admissibility of Affidavit' 'expert Evidence' 'procedural Fairness']
['evidence Law'] ['admissibility of Affidavit' 'expert Evidence' 'procedural Fairness']

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Procedural Posture

Civil / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the further affidavit of David Alan Atchison sworn 12 August 1997 should be admitted into evidence']

Ratio Decidendi

The admissibility of Mr Atchison's affidavit was denied except for paragraphs 5, 6, and 7, because most of the evidence either repeated prior material, could have been presented earlier, would cause procedural prejudice, or open up new factual areas requiring further investigation. Only the limited portion directly addressing new matters raised in cross-examination was admitted.

Court Disposition

Affidavit of David Alan Atchison of 12 August 1997 admitted in part

Orders

  • ['Paragraphs 5, 6, and 7 of the affidavit of David Alan Atchison sworn 12 August 1997 are admitted into evidence; all other portions of that affidavit are not admitted.']