12 Aug 2021
The recall application lacked merit and was irregular; material filed without leave was irrelevant and would not have been admitted; accordingly the applicant must pay costs of $2,500 to the respondents collectively, to be divided equally between the first respondents and the second and third respondents unless they agree otherwise.
28 Jul 2010
The judge held that although the defendant's failure to comply with directions was unacceptable, excluding the late affidavits would risk denying a proper defence and causing injustice; the prejudice from late filing can be remedied by costs, therefore the late affidavits should be filed and read, and costs were reserved pending memoranda.
6 Dec 2007
Leave to file further affidavits was refused except for allowing the respondent to read paragraphs 1–3 of Haiyan Zhang's second affidavit to correct an earlier error, because the proposed additional evidence either did not respond to genuinely new matters, was unlikely to resolve disputes between existing deponents, or lacked formal sufficiency, and the circumstances did not constitute the exceptional justification required to depart from the prescribed rules for exchange of affidavits.