Craig v Johnson (No 6) [2021] NSWSC 833

Supreme Court New South Wales

Medium Neutral Citation: Craig v Johnson (No 6) [2021] NSWSC 833 Hearing dates: 30 June and 1 July 2021 Date of orders: 1 July 2021 Decision date: 08 July 2021 Jurisdiction: Common Law Before: Lonergan J Decision: I refuse leave to rely upon the affidavit of Mr Dowart sworn 28 June 2021. Catchwords: EVIDENCE – Affidavit evidence – Rejection of evidence – Seeking to introduce new evidence whilst trial underway CIVIL PROCEDURE – Hearings – Adjournments – Relevant factors – Where case had been listed since March 2020 – Where proceedings were filed in 2016 - Where application made after final hearing had commenced – Prejudice to defendants – Adjournment refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58 and 59 Cases Cited: Aon Risk Services Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Loretta Craig & Ors v Anthony Johnson & Ors [2018] NSWSC 1539 Loretta Craig & Ors v Anthony Johnson & Ors [2020] NSWSC 423 Loretta Craig & Ors v Anthony Johnson & Ors [2020] NSWSC 430 Craig v Johnson [2020] NSWCA 278 Craig v Johnson (No.4) [2021] NSWSC 81 Frugtniet v State Bank of New South Wales [1999] NSWCA 458 Sali v SPC Ltd 116 ALR 625; 67 ALJR 841; [1993] HCA 47 Category: Procedural rulings Parties: Lorretta Kistmah Craig & Ors (Plaintiffs) Anthony Francis Johnson & Ors (Defendants) Representation: Counsel: I Archibald (Plaintiffs) D Lloyd SC / A Avery-Williams (Defendants)