Metcalfe, P.W. v NZI Securities (Australia) Ltd & Ors [1995] FCA 103

Metcalfe, P.W. v NZI Securities (Australia) Ltd & Ors [1995] FCA 103

The six affidavits should be allowed to be read, subject to proper evidentiary objections, because they concerned issues already raised in the pleadings or evidence, any prejudice from late service or filing was not irremediable and could be addressed by preparation time, possible short adjournment and costs, and exclusion was not justified despite the respondents' non-compliance with directions.

Jurisdiction
Australia
Judgment Date
10 March 1995
Procedural Posture
Federal Court Civil Proceedings / Ruling During Retrial on Objection to Respondents Reading Affidavits Served or Filed Late
Outcome
Objection rejected; six affidavits allowed to be read subject to proper evidentiary objections and the applicant's opportunity to seek a short adjournment.
Legal Topics
['late Service of Affidavits' 'admissibility of Affidavit Evidence' 'prejudice and Adjournment' 'costs for Non Compliance With Court Directions']
['civil Procedure' 'evidence'] ['late Service of Affidavits' 'admissibility of Affidavit Evidence' 'prejudice and Adjournment' 'costs for Non Compliance With Court Directions']

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Procedural Posture

Federal Court Civil Proceedings / Ruling During Retrial on Objection to Respondents Reading Affidavits Served or Filed Late

Legal Issues

  1. 1 ['Whether the respondents should be permitted to read six affidavits despite late service or filing.' 'Whether any prejudice to the applicant from the late affidavits was irremediable or could be addressed by timing, adjournment, evidentiary objections or costs.' "Whether the respondents' failure to comply with court directions justified exclusion of the affidavits."]

Ratio Decidendi

The six affidavits should be allowed to be read, subject to proper evidentiary objections, because they concerned issues already raised in the pleadings or evidence, any prejudice from late service or filing was not irremediable and could be addressed by preparation time, possible short adjournment and costs, and exclusion was not justified despite the respondents' non-compliance with directions.

Court Disposition

Objection rejected; six affidavits allowed to be read subject to proper evidentiary objections and the applicant's opportunity to seek a short adjournment.

Orders

  • ['The affidavits sworn by Mr Wayland on 11 December 1992 and 9 March 1995 may be read, subject to proper evidentiary objections.' "Mr Langan's affidavit may be read, subject to proper evidentiary objections, with paragraphs 10 and 11 not read." "Mr Taylor's affidavit of 23 February 1995 may be read, subject to...