22 May 1984
GEEKAY EXPORT & IMPORT CO LTD v. GARNETS ELECTRONICS LTD
- Citation
- GEEKAY EXPORT & IMPORT CO LTD v. GARNETS ELECTRONICS LTD
- Court
- Court of First Instance
- Case number
- HCA8997/1982
The judge exercised discretion to refuse admission of the affirmation because the statement was defective in not stating the reason the witness could not attend, the plaintiff had not shown that attendance was impossible (alternatives such as transferring the fixture or prior examination were available), and the defendant was entitled to the opportunity to cross‑examine; accordingly the application to admit the affirmation under Order 38 rule 21 was refused.
- Admission of hearsay/statements
- Order 38 rule 21
- Service and counter‑notice under order 38 rule 2
- Discretion to admit or exclude evidence
- Right to cross‑examination