Baker & anor v Paul & anor [2011] NSWSC 957

Baker & anor v Paul & anor [2011] NSWSC 957

Even if leave was required to use the affidavit of assets and liabilities for a purpose other than that for which it was provided, leave should be granted because the proposed use was in the same proceedings and in connection with a security for costs application, which has a close connection with the purpose of an asset preservation order in preventing orders from being rendered futile by insufficiency of assets.

Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Practice and Procedure Application Concerning Use of Affidavit Evidence in a Security for Costs Application / Notice of Motion in Equity Division Duty List
Outcome
Leave granted to the plaintiffs/cross-defendants to use the affidavit in connection with the security for costs application.
Legal Topics
['security for Costs' 'asset Preservation Order' 'implied Undertaking' 'use of Affidavit Evidence' 'leave to Use Evidence for Another Purpose']
['practice and Procedure'] ['security for Costs' 'asset Preservation Order' 'implied Undertaking' 'use of Affidavit Evidence' 'leave to Use Evidence for Another Purpose']

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Procedural Posture

Practice and Procedure Application Concerning Use of Affidavit Evidence in a Security for Costs Application / Notice of Motion in Equity Division Duty List

Legal Issues

  1. 1 ['Whether the plaintiffs/cross-defendants required leave to use an affidavit of assets and liabilities sworn by a defendant pursuant to an asset preservation order for the purposes of a security for costs application.' 'Whether leave should be granted to use the affidavit in the same proceedings for a purpose connected with the purpose of the asset preservation order.']

Ratio Decidendi

Even if leave was required to use the affidavit of assets and liabilities for a purpose other than that for which it was provided, leave should be granted because the proposed use was in the same proceedings and in connection with a security for costs application, which has a close connection with the purpose of an asset preservation order in preventing orders from being rendered futile by insufficiency of assets.

Court Disposition

Leave granted to the plaintiffs/cross-defendants to use the affidavit in connection with the security for costs application.

Orders

  • ["Grant leave to the plaintiffs/cross-defendants to use the affidavit of Anthony Christopher Paul sworn 14 September 2010 in these proceedings, in connection with the plaintiffs/cross-defendants' application for security for costs."]