NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kelly v Thorn; Monteleone v Thorn (No 7) [2021] NSWSC 117 Hearing dates: 19 November 2020 Date of orders: 19 November 2020 Decision date: 19 February 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: The statement of Dr Amy Kelly dated 19 November 2020 is admitted. Catchwords: EVIDENCE — documentary evidence — tender of documents — admissibility — late service — res gestae Legislation Cited: Evidence Act 1995 (NSW), s 108 Cases Cited: Adelaide Chemical and Fertilizer Company Limited v Carlyle (1940) 64 CLR 514; [1940] HCA 44 Category: Procedural rulings Parties: Proceedings 2015/326714 William Andrew Kelly (First Plaintiff) William Richard Kelly (Second Plaintiff) Margaret Jane Kelly (Third Plaintiff) Andrew Thorn (First Defendant) Thorn Transport Pty Limited (Second Defendant)
Proceedings 2016/74936 Ross Monteleone (formerly Poyser) (Plaintiff) Andrew Thorn (First Defendant/First Cross-Claimant) Thorn Transport Pty Limited (Second Defendant/Second Cross-Claimant) William Andrew Kelly (First Cross-Defendant) William Richard Kelly (Second Cross-Defendant) Representation: Counsel: Proceedings 2015/326714 L D Robison (Plaintiffs) M T McCulloch SC with D P Kelly (Defendants)
Proceedings 2016/74936 A Renshaw with B Adam (Plaintiff) M T McCulloch SC with D P Kelly (Defendants/Cross-Claimants) L D Robison (Cross-Defendants)
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