5 Dec 2008
ERCEG V BALENIA LTD CA CA553/2008
- Citation
- openlaw-668064ab_cf4a_4a7a_8569_d2f82110d8ad.pdf
- Court
- Court of Appeal
The Court refused leave to admit the Clyde & Co affidavit because the evidence did not meet r 45 requirements (not shown to be fresh as it could have been obtained with reasonable diligence) and exceptional circumstances were not established; the second Erceg affidavit is included in the appeal record but not admitted at this stage; the Harper affidavit (court events witness) is admitted; the Registrar is directed to request an associate judge's report under r 46. Finality of summary judgment and strict timetable adherence governed the decision.