Elias Wakim v Joseph Chaghouri [2010] NSWLC 19

Local Court of New South Wales

CITATION: Elias Wakim v Joseph Chaghouri [2010] NSWLC 19

JURISDICTION: Civil

PARTIES: Plaintiff- Elias Wakim Defendant- Joseph Chaghouri

FILE NUMBER: 11037/09

PLACE OF HEARING: Downing Centre Local Court

DATE OF DECISION: 04/19/2010

MAGISTRATE: Assessor Olischlager

CATCHWORDS: Procedure, Compliance with Case Management Orders

LEGISLATION CITED: Civil Procedure Act 2005

CASES CITED: Oliveri Legal Pty Ltd v Lohning International Pty Ltd [2004] NSWSC 987

TEXTS CITED:

Mr Shahrouk REPRESENTATION: Ms Matyear

ORDERS: Leave granted for statement served and filed outside time to be admitted as evidence.

A preliminary issue has been raised in these proceedings as to whether the statement of Elias Wakim should be admitted in evidence on behalf of the plaintiff as it was filed and served by the plaintiff outside the standard case management order that requires parties to file and serve documents which it intends to rely on at the hearing no later than fourteen days prior to the hearing. In this instance, the matter was before the registrar on a pre-trial review in December 2009, and directions were made for the filing and exchange of statements on 5 April 2009, being fourteen days prior to today's hearing.

It is conceded by the plaintiff that the statement of Mr Wakim was filed and served on or about 8 April 2010, which is some three days after the time-frame required by the case management orders. The defendant submits that the statements should not be admitted in evidence and relies on the decision of the Supreme Court in Oliveri Legal Pty Limited v Learning International Pty Limited [2004] NSWSC 987. In that case, the Supreme Court held that the decision of a Local Court to exclude statements not served and filed in accordance with case management directions did not constitute a denial of natural justice.