NSW Caselaw
New South Wales District Court
CITATION: Canturi Corporation Pty Limited v Gagner Pty Limited [2008] NSWDC 151
HEARING DATE(S): 25 August 2008
JUDGMENT DATE: 27 August 2008
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
1. Grant leave to the plaintiff to rely at the hearing on the affidavit of Mr Stefano Canturi notwithstanding service outside the time limited by directions previously made in these proceedings. DECISION: 2. Plaintiff pay defendant's costs of and incidental to the application, including the affidavit of Mr Toogood read on the application and the costs of these proceedings for 21, 22, 25 and 27 August 2008. 3. Liberty to apply in relation to costs. 4. The parties to bring in Short Minutes of Order for the service of further affidavits (including an any affidavit of further and better discovery by the plaintiff and experts' reports), return of subpoenae and agreed hearing date.
CATCHWORDS: PROCEDURE - plaintiff seeks leave during hearing to adduce additional affidavit evidence - whether "trial by ambush" - proceedings previously case managed in Commercial List - whether prejudice to defendant could be remedied by costs - whether rest of case can be completed after a short adjournment and without incompensible prejudice to defendant - leave granted
Civil Liability Act 2002 (NSW), s 34 LEGISLATION CITED: Civil Procedure Act 2005 (NSW), ss 56 - 62 and 66 Defamation Act 1974 (NSW), s 48A
ASIC v Rich [2006] NSWSC 712 Azzi & Ors v Volvo [2006] NSWSC 283 Chandra v Perpetual Trustee Victoria Limited [2006] NSWSC 1046 City of Sydney Council v Satara [2007] NSWCA 148 Davis v CTTT [2008] NSWSC 491 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Douglas Corporation Pty Ltd v Currico Nominees Pty Ltd [2007] NSWSC 113 Glover v Australian Ultra Concrete Floors Pty Ltd [2003] NSWCA 80 Hinckley & South Leicestershire Permanent Benefit Building Society v Freeman [1941] Ch 32 Hunter Valley Skydiving Centre Pty Ltd v Central Coast Aero Club Limited & Anor [2008] NSWSC 83 CASES CITED: Kane v Wyllie [2006] NSWSC 710 Ketteman v Hansel Properties [1987] AC 189 Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 501 Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116 Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 R v Taufahema (2007) 234 ALR 1 Rebolledo v Royal Sun Alliance Financial Services Ltd [2002] NSWSC 104 Seiwa Australia Pty Ltd v Seeto Financial Services Pty Ltd [2008] NSWSC 305 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Sydney City Council v Ke-Su Investments Pty Ltd [1985] 1 NSWLR 246 Vale v Vale [2001] NSWCA 245 Zisis v Knighton [2008] NSWCA 42
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate