Khan v Khan; Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 1993

Supreme Court New South Wales

Medium Neutral Citation: Khan v Khan; Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 1993 Hearing dates: 14 April 2015 Decision date: 14 April 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Exclude paragraphs 13-17 of the affidavit, and allow the balance of the affidavit to be read, subject to the specific objections as to admissibility. Catchwords: PROCEDURE – application for leave to rely on affidavit evidence – where affidavit served after the date for filing evidence in chief – whether affidavit evidence will cause prejudice to the Defendants – whether to allow the affidavit evidence to be read. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 61(3) - Evidence Act 1995 (NSW) s 135 - Uniform Civil Procedure Rules 2005 (NSW) r 10.2 Cases Cited: - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Category: Procedural and other rulings Parties: Aijaz Ahmed Khan (First Plaintiff) Masud Akbar Cheema (Second Plaintiff) Nasib Mohammed (Third Plaintiff) Mohammad Yousuf (Fourth Plaintiff) Mohammed Sohaib Malak (Fifth Plaintiff) Shahab Uddin Siddiqui (Sixth Plaintiff) Mukhtar Qazi (Seventh Plaintiff) Shahzad Khan (First Defendant) Sohail Shamim (Second Defendant) Rafay Siddique (Third Defendant) Sammih Khan (Fourth Defendant) Zulfiqar Ali (Fifth Defendant) Mahmood Khan (Sixth Defendant) Nizam Ali (Seventh Defendant) Islamic Association Western Suburbs Sydney Inc (Eighth Defendant) Representation: Counsel: A P Cheshire (Plaintiffs) D A Smallbone (First to Seventh Defendants)