Randwick City Council v Athens and Anor (No 3) [2004] NSWLEC 49

Randwick City Council v Athens and Anor (No 3) [2004] NSWLEC 49

The court rejected the application to exclude evidence, reasoning the application was not timely since acknowledgment of reliance on the affidavit had been made without objection and, therefore, exclusion under s 136 of the Evidence Act 1995 was not appropriate.

Jurisdiction
Australia
Judgment Date
30 January 2004
Procedural Posture
Application / Interlocutory Judgment
Outcome
Application to exclude evidence rejected
Legal Topics
['exclusion of Evidence' 'unfair Prejudice' 'objection to Affidavit']
['contempt of Court' 'evidence Law'] ['exclusion of Evidence' 'unfair Prejudice' 'objection to Affidavit']

Case Brief

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Procedural Posture

Application / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether paragraph 5 of the affidavit of David Mulcahy should be excluded due to unfair prejudice under s 136 of the Evidence Act 1995']

Ratio Decidendi

The court rejected the application to exclude evidence, reasoning the application was not timely since acknowledgment of reliance on the affidavit had been made without objection and, therefore, exclusion under s 136 of the Evidence Act 1995 was not appropriate.

Court Disposition

Application to exclude evidence rejected

Orders

  • ['Application to exclude paragraph 5 of the affidavit of David Mulcahy is rejected']