NSW Caselaw
New South Wales Supreme Court
CITATION : Tobin v Ezekiel; Estate of Lily Ezekiel [2009] NSWSC 1209
HEARING DATE(S) : 23 September 2009 JURISDICTION : Equity Division Probate List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 23 September 2009
DECISION : Leave to read affidavit refused
CATCHWORDS : EVIDENCE – affidavits and statutory declarations – affidavits – plaintiff seeks to read affidavit of conversation with person unable to be called as a witness – where plaintiff's solicitor sent letter to defendant's solicitors purporting to give notice under (NSW) Evidence Act 1995, s 67 of an intention to adduce evidence of previous representation in reliance on s 64(2) – where notice substantially complied in form with requirements of (NSW) Evidence Regulations 2005, reg 4 – where requisite 21 days prior service not complied with – where there would be potential prejudice from inability to investigate – leave to read affidavit refused
(NSW) Evidence Act 1995, s 64(2), s 67, s 68 LEGISLATION CITED : (NSW) Evidence Regulation 2005, reg 4 (NSW) Uniform Civil Procedure Rules 2005, r 31.5
CATEGORY : Procedural and other rulings
Evelyn Tobin (First Plaintiff) PARTIES : Clara Ezekiel (Second Plaintiff) Morris Ezekiel (First Defendant) Albert Ezekiel (Second Defendant)
FILE NUMBER(S) : SC 106746/06
COUNSEL : Mr J Gormly SC (plaintiffs) Mr T Hale SC w Mr J Tobin (defendants)
SOLICITORS : T.D. Kelly & Co (plaintiffs) McLachlan Chilton (defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST
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