Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
De Rose v The State of SA (No 2) [2001] FCA 1614
PRACTICE AND PROCEDURE – applicant seeking to admit into evidence two new experts' reports thirty-two days into trial – whether leave should be granted to allow materials to be so admitted – effect of principles of case management – whether any irretrievable prejudice to respondents – other factors to be considered in weighing up discretion State of Queensland v JL Holdings Pty Ltd (1996) 141 ALR 353 followed PETER DE ROSE AND OTHERS v THE STATE OF SOUTH AUSTRALIA AND OTHERS (NO 2) NO SG 6001 OF 1996 O'LOUGHLIN J 13 SEPTEMBER 2001 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 6001 OF 1996
BETWEEN: PETER DE ROSE
FIRST APPLICANT
OWEN KUNMANARA
SECOND APPLICANT
PETER TJUTJATJA
THIRD APPLICANT
JOHNNY WIMITJA DE ROSE
FOURTH APPLICANT
MICHAEL MITAKIKI
FIFTH APPLICANT
PANNIKAN BAKER
SIXTH APPLICANT
PEGGY CULLINAN
SEVENTH APPLICANT
RINI KULYURU
EIGHTH APPLICANT
PUNA YANIMA
NINTH APPLICANT
JULIE TJAMI
TENTH APPLICANT
SADIE SINGER
ELEVENTH APPLICANT
WHISKEY TJUKANKU
TWELTH APPLICANT
AND: THE STATE OF SOUTH AUSTRALIA
FIRST RESPONDENT
R D FULLER PTY LTD AND DOUGLAS CLARENCE FULLER
SECOND RESPONDENT
JUDGE: O'LOUGHLIN J
DATE OF ORDER: 13 SEPTEMBER 2001
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Mr Craig Elliott's genealogical charts be not received as an exhibit in this trial. 2. Leave be granted to the applicants to file and serve nunc pro tunc the second report of Mr Elliott, presently identified as MFI A60. 3. The question of costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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