Sedrak v Starr [2009] NSWSC 996

New South Wales Supreme Court

CITATION : Sedrak v Starr [2009] NSWSC 996

HEARING DATE(S) : 18 September 2009 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 18 September 2009

DECISION : Leave to adduce further evidence revoked.

CATCHWORDS : PROCEDURE - Miscellaneous Procedural Matters - Further Evidence - application by plaintiff for leave to adduce further evidence - counsel informs court evidence is limited to traversing two conversations - affidavit served covers numerous conversations and facts that should have been dealt with in chief - trial imminent - application to revoke leave

CATEGORY : Procedural and other rulings

CASES CITED : State of Queensland v JL Holdings Pty Limited [1997] HCA 1; (1996-1997) 189 CLR 146 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 83 ALJR 951

PARTIES : Maged Sedrak (Plaintiff) Gavin Mark Starr (Defendant)

FILE NUMBER(S) : SC 5407/08

COUNSEL : F Santisi (Plaintiff) D Shoebridge (Defendant)

SOLICITORS : JN Legal Solicitors & Attorneys (Plaintiff) FCB Workplace Lawyers & Consultants (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

FRIDAY 18 SEPTEMBER 2009

5407/08 MAGED SEDRAK v GAVIN MARK STARR EX TEMPORE JUDGMENT 1 This matter was set down for hearing before me for two days commencing on Monday 28 September 2009. An application was made to revoke leave I granted to the plaintiff to serve additional affidavit material. 2 Objection was taken that no notice of motion to that effect had been filed. An undertaking by the solicitors for the defendant to file a notice of motion seeking that relief was given. 3 On 7 July 2009 this matter came before me. I said I did not require a court book nor copies of objections to affidavits. I ordered the legal representatives of the parties to register to conduct proceedings in this matter by electronic communication sent and received by means of the ECM system by 14 July 2009. I said I would open an ECM court and make my standard pre-hearing orders later in the day. I did so, varying the orders made by Registrar Walton on 28 May 2009. 4 On 6 August 2009 by a message posted in the ECM court the defendant complained that the plaintiff's representatives had not registered to join the ECM court. He did so by Monday 10 August 2009. The defendant also complained that the plaintiff had not by 4 August 2009 posted in this ECM court a statement of facts, a statement of issues and a list of documents as ordered on 7 July 2009 and had also failed to comply with a subpoena. 5 On 6 August 2009 I posted the following message in the ECM court: "Non-compliance