Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. This is an interlocutory application made by an amended notice of motion filed by the defendant for a ruling under section 192A of the Evidence Act, 1995 as to the admissibility of certain paragraphs in an affidavit served by the plaintiff and the documents referred to in those paragraphs.

2. The affidavit said to contain the inadmissible evidence has been served by the plaintiff in accordance with case management orders made by the Court for the parties to file and serve their evidence as to liability.

3. Section 192A of the Evidence Act, 1995 provides:

Where a question arises in any proceedings, being a question about-

(a) the admissibility or use of evidence proposed to be adduced, or

(b) the operation of a provision of this Act or another law in relation to evidence proposed to be adduced, or

(c) the giving of leave, permission or direction under section 192,

the court may, if it considers it to be appropriate to do so, give a ruling or make a finding in relation to the question before the evidence is adduced in the proceedings.

4. The application arises in the following context.

A. Context

7. The defendant has not served its evidence as to liability.

6. The case has not been fixed for hearing.

7. The plaintiff's claim is for approximately $1.2 million plus interest. There are really 4 sets of claims, one of which was is the subject of the notice of motion. The 4 claims are for "Extras", "Shortfall", "Additional charges" and a breach of exclusivity provision. The first 3 claims, counsel for both parties agreed, are claims in debt and the fourth is a claim for damages. All 4 claims are made pursuant to a contract between the parties under which the plaintiff provided express freight services to the defendant.

8. The plaintiff claims that a debt is due under the contract for "Extras" per an Invoice for $426,074.49 rendered on or about 6 February 2017.

9. The statement of claim commencing these proceedings was filed on 14 July 2017.

10. The defendant pleads in its defence (paragraph 9A of Amended Defence) that the Extras claim is statute barred by the operation of section 14 of the Limitation Act, 1969.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196a2cd649dc2aae5c224c30)

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