Moloney v Roads and Maritime Services [2016] NSWLEC 148

Moloney v Roads and Maritime Services [2016] NSWLEC 148

Given the potential wider effect of the proceedings and the appropriateness of permitting the Trial Bench to have access to all relevant material, leave to file and serve the further evidence is granted, notwithstanding the lateness and issues raised by the Applicants.

Parties
First Applicant: John Brendan Moloney; Second Applicant: Colleen Patricia Moloney; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
16 November 2016
Procedural Posture
Class 3 Application / Interlocutory Decision on Leave to Adduce Further Evidence
Outcome
Leave granted to file and serve further evidence.
Legal Topics
Leave to Adduce Evidence, Delay, Relevance, Road Noise Claim
Evidence Procedure Leave to Adduce Evidence Delay Relevance Road Noise Claim

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Parties

John Brendan Moloney

First Applicant

Colleen Patricia Moloney

Second Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Class 3 Application / Interlocutory Decision on Leave to Adduce Further Evidence

Legal Issues

  1. 1 Should leave be granted to the Respondent to file and serve additional evidence outside the usual timetable?
  2. 2 What is the impact of lateness and potential broader implications of the material sought to be admitted?

Ratio Decidendi

Given the potential wider effect of the proceedings and the appropriateness of permitting the Trial Bench to have access to all relevant material, leave to file and serve the further evidence is granted, notwithstanding the lateness and issues raised by the Applicants.

Court Disposition

Leave granted to file and serve further evidence.

Orders

  • Leave to Respondent to file and serve further supplementary acoustic statement and affidavit.
  • Leave to file and serve affidavit of Terrence Michael Green and Exhibit TG1.