NSWNSWDC
Colmar Engineering Pty Ltd v Avopiling Pty Ltd
[2010] NSWDC 85
District Court of NSW|2010-05-18
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Source factsCourt
District Court of NSW
Decision date
2010-05-18
Source
Original judgment source is linked above.
Judgment (46 paragraphs)
[1]
CITATION: Colmar Engineering Pty Ltd v Avopiling Pty Ltd (No. 1) [2010] NSWDC 85
[2]
- The application by the defendant to rely upon additional evidence served outside the case management timetable fixed for the service of evidence is refused; DECISION: 2. The application by the defendant for an adjournment is refused; 3. The defendant is to pay the costs of the plaintiff in connection with the refused applications; 4. The trial is to proceed.
[3]
CATCHWORDS: PRACTICE AND PROCEDURE - exclusion of evidence served outside required case management timetable for service - refusal of adjournment - consideration of context and extent of non-compliance with case management orders - consideration of ss 56 - 59 of Civil Procedure Act 2005