ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 3) [2014] FCA 684

ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 3) [2014] FCA 684

Leave to read most of Mr Saba's affidavit was refused because, apart from unobjected paragraphs, the affidavit was filed after the evidence was otherwise closed, was lengthy and complex quantum evidence, interwove submission with evidence, would substantially disturb the fixed evidentiary basis for closing submissions, and would prejudice the respondents by requiring further attention and possible cross-examination within the remaining hearing time.

Jurisdiction
Australia
Judgment Date
25 June 2014
Procedural Posture
Application for Leave to Read Affidavit Evidence in Federal Court Proceedings / During Closing Submissions After Evidence Otherwise Closed
Outcome
Leave granted in part and otherwise refused.
Legal Topics
['leave to Read Affidavit' 'late Evidence' 'case Management' 'prejudice' 'quantum Evidence']
['civil Procedure' 'evidence'] ['leave to Read Affidavit' 'late Evidence' 'case Management' 'prejudice' 'quantum Evidence']

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Procedural Posture

Application for Leave to Read Affidavit Evidence in Federal Court Proceedings / During Closing Submissions After Evidence Otherwise Closed

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to read the affidavit of Mr Anthony Saba sworn on 18 June 2014 after the evidence was otherwise closed and the matter was listed for closing submissions.' 'Whether the affidavit should be admitted where it contained lengthy, complex quantum material and interwove submission with evidence.']

Ratio Decidendi

Leave to read most of Mr Saba's affidavit was refused because, apart from unobjected paragraphs, the affidavit was filed after the evidence was otherwise closed, was lengthy and complex quantum evidence, interwove submission with evidence, would substantially disturb the fixed evidentiary basis for closing submissions, and would prejudice the respondents by requiring further attention and possible cross-examination within the remaining hearing time.

Court Disposition

Leave granted in part and otherwise refused.

Orders

  • ['The applicant be granted leave to read paragraphs 1 to 3, 5 to 7, 9 to 10, 12.1 to 12.3, 14.1 to 14.3, 17, 19, and 20.6 to 20.7 of the affidavit of Mr Anthony Saba sworn on 18 June 2014.' 'Leave to read the affidavit of Mr Anthony Saba sworn on 18 June 2014 otherwise be refused.']