D'Offay v Hoareau (CS 220/1999) [2003] SCSC 22 (2 October 2003)

D'Offay v Hoareau (CS 220/1999) [2003] SCSC 22 (2 October 2003)

The omission to produce the documents was inadvertent and not deliberate, the documents had been put to the Plaintiff earlier, and no prejudice is caused to the Plaintiff by allowing their production. Leave is therefore granted to re-open the defence for this purpose.

Citation
[2003] SCSC 22
Parties
Plaintiff: D'Offay; Defendant: Hoareau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 October 2003
Case Number
CS 220/1999
Procedural Posture
Civil / Ruling on Application to Re Open Defence to Adduce Further Evidence
Outcome
Application allowed
Legal Topics
Re Opening of Case, Adduction of Further Evidence, Inadvertent Omission of Evidence
Source Language
English
Civil Procedure Re Opening of Case Adduction of Further Evidence Inadvertent Omission of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

D'Offay

Plaintiff

Hoareau

Defendant

Procedural Posture

Civil / Ruling on Application to Re Open Defence to Adduce Further Evidence

Legal Issues

  1. 1 Whether the defence should be granted leave to re-open its case to produce two documents as evidence

Ratio Decidendi

The omission to produce the documents was inadvertent and not deliberate, the documents had been put to the Plaintiff earlier, and no prejudice is caused to the Plaintiff by allowing their production. Leave is therefore granted to re-open the defence for this purpose.

Court Disposition

Application allowed

Orders

  • Leave granted to the Defendant to re-open the defence for the purpose of producing the two specified documents as evidence