Pacific Invs. v Christensen [1997] JLR 170 (11 July 1997)

Pacific Invs. v Christensen [1997] JLR 170 (11 July 1997)

Applications for cross-examination of a deponent on affidavit evidence should generally be granted and only refused in exceptional circumstances.

Citation
[1997] JLR 170
Parties
Applicant: Pacific Investments; Respondent: Christensen
Jurisdiction
Jersey
Judgment Date
11 July 1997
Procedural Posture
Civil / Interlocutory Application
Outcome
application granted
Legal Topics
Affidavits, Cross Examination
Civil Procedure Affidavits Cross Examination

Case Brief

Summary, issues, holding and outcome

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Parties

Pacific Investments

Applicant

Christensen

Respondent

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the court may order cross-examination of a deponent on the contents of an affidavit
  2. 2 Whether an application for cross-examination should only be refused in exceptional circumstances

Ratio Decidendi

Applications for cross-examination of a deponent on affidavit evidence should generally be granted and only refused in exceptional circumstances.

Court Disposition

application granted

Orders

  • Cross-examination of the deponent on the contents of the affidavit is permitted.