6.11: Evidence at application hearings
7.11: Order for trial
7.7: Application of other rules

Case Summary

This was an Application for the assessment of personal injury damages by way of a Summary Trial. The Plaintiff attempted to rely on unsworn expert evidence. Justice Burrows noted that Affidavit evidence is required to be used when the Court is to decide an Application, pursuant to Rule 6.11(1)(a). His Lordship explained that Division 3 of the Rules deals with Summary Trials and explained that pursuant to Rule 7.7(2), Part 6 of the Rules (including Rule 6.11(1)(a)) applies to Summary Trials except to the extent modified by Division 3. Justice Burrows noted that there is nothing within Division 3 that modifies the requirement that the Court rely on sworn Affidavit evidence when considering an Application. His Lordship considered ordering a Trial of the issue pursuant to Rule 7.11, which allows the Court to do so at any stage of a Summary Trial, but ultimately held that the Plaintiff’s materials for his Application were deficient, and ordered that that the Application be adjourned sine die until the deficiencies were remedied.

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