Consolidated Credit Network v Illawarra Retirement Trust [2005] NSWSC 1004

New South Wales Supreme Court

CITATION : Consolidated Credit Network v Illawarra Retirement Trust [2005] NSWSC 1004

HEARING DATE(S) : 29 September 2005

JUDGMENT DATE : 29 September 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Affidavit not permitted to be read. Adjournment refused.

CATCHWORDS : PROCEDURE - Uniform Civil Procedure Act - late filing of affidavit - whether affidavit to be read - significance of matter being granted an expedited hearing, and of earlier directions for filing of affidavits - EQUITY - equitable remedies - specific performance - plaintiff ready willing and able to perform - onus - interaction between plaintiff's onus of proof and rules for pleading in Uniform Civil Procedure Rules - PROCEDURE - Uniform Civil Procedure Act - application for adjournment to enable other party to deal with evidence filed late - significance of expedited hearing - significance of pre-trial directions

Uniform Civil Procedure Act 2005 LEGISLATION CITED : Uniform Civil Procedure Rules 2005

GSA Industries Pty Ltd v NT Gas Ltd (1990) 24 NSWLR 710 CASES CITED : State Pollution Control Commission v Australian Iron & Steel Pty Ltd (No 2) (1992) 29 NSWLR 487

Consolidated Credit Network Pty Ltd - Plaintiff/First Cross-Defendant Illawarra Retirement Trust Limited - First Defendant/First Cross-Claimant PARTIES : Shield Underwriting Agencies Pty Ltd - Second Defendant Lumley General Insurance Limited - Second Cross-Defendant

FILE NUMBER(S) : SC 4250/05

C Harris SC - Plaintiff/First Cross-Defendant COUNSEL : G.O. Blake SC - First Defendant/First Cross-Claimant No Appearance - Second Defendant