Read v McEwen & Anor (No 3) [2007] NSWSC 863

Read v McEwen & Anor (No 3) [2007] NSWSC 863

Given that the matters addressed in the affidavit were already within the plaintiff’s knowledge and new issues have been permitted to be raised by both sides, it is appropriate to receive the affidavit notwithstanding its lateness.

Parties
Plaintiff: Yvonne Read; First Defendant: Jeffrey John McEwen; Second Defendant: Jedda Kylie McEwen
Jurisdiction
Australia
Judgment Date
26 July 2007
Procedural Posture
Equity Proceeding / Interlocutory Application—application for Leave to Read Affidavit at Trial
Outcome
Leave to read affidavit granted
Legal Topics
Admissibility of Affidavit, Late Filing of Evidence, Leave to Adduce Further Evidence
Evidence Admissibility of Affidavit Late Filing of Evidence Leave to Adduce Further Evidence

Case Brief

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Parties

Yvonne Read

Plaintiff

Jeffrey John McEwen

First Defendant

Jedda Kylie McEwen

Second Defendant

Procedural Posture

Equity Proceeding / Interlocutory Application—application for Leave to Read Affidavit at Trial

Legal Issues

  1. 1 Whether leave should be granted to read an affidavit sworn the day before trial
  2. 2 Whether the late affidavit causes prejudice or hardship to the plaintiff

Ratio Decidendi

Given that the matters addressed in the affidavit were already within the plaintiff’s knowledge and new issues have been permitted to be raised by both sides, it is appropriate to receive the affidavit notwithstanding its lateness.

Court Disposition

Leave to read affidavit granted

Orders

  • Leave granted to file and read the affidavit of Jedda Kylie McEwen sworn 25 July 2007