REGISTRAR OF THE COURT OF APPEAL v MANIAM [1991] NSWCA 236

REGISTRAR OF THE COURT OF APPEAL v MANIAM

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS JA 20 May 1991

[1991] NSWCA 236

Samuels JA In this matter Clarke JA on 13 May 1991 directed the claimant to file and serve the affidavits upon which he intended to rely by 5 pm on 14 May 1991. This was substantially done. One of these affidavits was sworn by Isabella Constance Jeans on 10 May 1991 and Miss Jeans proposes to depart overseas on 22 May, that is next Wednesday.

The opponent desires to cross examine her and the claimant will make her available before the date of her departure. However, it is by no means certain that the court would be able to deploy the judges who will in due course hear the matter to take her evidence.

However, in my view, it is not reasonable to expect the opponent to get his counsel briefed and fully instructed in time to enable them to cross examine Miss Jeans. I merely note that because I understand that she is prepared to return to give her evidence when the matter comes on for hearing. A question may then arise concerning costs and I put this note in the papers for that reason.

The claimant wishes to supplement the evidence already filed. The opponent has no objection to this being done and I order that the claimant should file and serve any further affidavits by 4 pm on Monday, 3 June. I order that the matter be listed again for further directions on Monday 24 June 1991.