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Rule Details
MURPHY v CAHILL
Rules Discussed
- Rule 6.7 Questioning on affidavit in support, response and reply to application
Case Summary
The Applicants sought an Interim Receivership Order. The Respondents requested an Adjournment to allow for Questioning in relation to the Affidavits that were submitted in support of the Application. The Court held that case law from old Rule 314 (1) was applicable in determining the application of Rule 6.7. The Court canvassed past case law and cited the following exceptions for not allowing Cross-Examination on an Affidavit:
(a) the examination would be frivolous;
(b) the examination is only to forestall the proceedings; or,
(c) the delay caused by the adjournment would put property at risk.
The Court allowed the Adjournment holding that none of the exceptions were met.