Randwick City Council v Athens and Anor (No. 2) [2004] NSWLEC 48

Affidavits served out of time may be admitted where no timely objection is raised or where efficiency and fairness support admission, subject to ruling on any particular objections as to content.

Jurisdiction: Australia
Judgment Date: 28 January 2004
Procedural Posture: Contempt Proceedings / Interlocutory Application
Outcome: Affidavit of Ajoy Ghosh (7 Jan 2004) allowed subject to objections; affidavit of Ajoy Ghosh (22 Jan 2004) disallowed; affidavits of Heather Maria Thompson and Brett Gaulle proposed to be allowed, subject to further evidence.
Legal Topics: ['service of Affidavits' 'admission of Evidence']

['contempt of Court' 'civil Procedure'] ['service of Affidavits' 'admission of Evidence']

Case Brief

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Procedural Posture

Contempt Proceedings / Interlocutory Application

Legal Issues

1 ['Whether affidavits served after the court-directed date should be admitted as evidence in contempt proceedings']

Ratio Decidendi

Affidavits served out of time may be admitted where no timely objection is raised or where efficiency and fairness support admission, subject to ruling on any particular objections as to content.

Court Disposition

Affidavit of Ajoy Ghosh (7 Jan 2004) allowed subject to objections; affidavit of Ajoy Ghosh (22 Jan 2004) disallowed; affidavits of Heather Maria Thompson and Brett Gaulle proposed to be allowed, subject to further evidence.

Orders

['The affidavit of Ajoy Ghosh sworn 7 January 2004 is allowed subject to specific objections.' 'The affidavit of Ajoy Ghosh sworn 22 January 2004 is disallowed.' 'The affidavits of Heather Maria Thompson and Brett Gaulle are proposed to be allowed, subject to hearing further evidence.']