Strathfield Municipal Council v Aussie Skips Recycling Pty Ltd [2019] NSWLEC 37

Strathfield Municipal Council v Aussie Skips Recycling Pty Ltd [2019] NSWLEC 37

While the explanation for delay was inadequate, the pending adjournment would allow the applicant to meet the evidence, and in light of the agreement to pay indemnity costs, no real prejudice would result. Accordingly, leave is granted to rely on the affidavit, but the respondents must pay all applicant's costs...

Source-derived case information.

Parties
Applicant: Strathfield Municipal Council; First Respondent: Aussie Skips Recycling Pty Ltd; Second Respondent: Aussie Skips Bin Services Pty Ltd; Third Respondent: ISAS Pty Ltd
Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Civil Enforcement (class 4) / Interlocutory Ruling on Late Affidavit During Final Hearing
Outcome
Leave to rely on late affidavit granted; costs orders made in favour of applicant on indemnity basis
Legal Topics
Leave to Rely on Late Evidence, Case Management, Costs, Discretion to Admit Evidence
Civil Procedure Leave to Rely on Late Evidence Case Management Costs Discretion to Admit Evidence

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Parties

Strathfield Municipal Council

Applicant

Aussie Skips Recycling Pty Ltd

First Respondent

Aussie Skips Bin Services Pty Ltd

Second Respondent

ISAS Pty Ltd

Third Respondent

Procedural Posture

Civil Enforcement (class 4) / Interlocutory Ruling on Late Affidavit During Final Hearing

Legal Issues

  1. 1 Should leave be granted to the first and second respondents to rely on an affidavit served very late during the hearing?

Ratio Decidendi

While the explanation for delay was inadequate, the pending adjournment would allow the applicant to meet the evidence, and in light of the agreement to pay indemnity costs, no real prejudice would result. Accordingly, leave is granted to rely on the affidavit, but the respondents must pay all applicant's costs occasioned by the grant of leave on an indemnity basis.

Court Disposition

Leave to rely on late affidavit granted; costs orders made in favour of applicant on indemnity basis

Orders

  • First and second respondents granted leave to rely on the affidavit of Mr Emmanuel Roussakis sworn 21 March 2019.
  • First and second respondents to pay the applicant's costs thrown away by the grant of leave on an indemnity basis.