Colmar Engineering Pty Ltd v Avopiling Pty Ltd (No. 1)

Colmar Engineering Pty Ltd sought to recover damages from Avopiling Pty Ltd for alleged breaches of contract. The dispute came before the court, which was tasked with deciding whether the defendant could rely on additional evidence that was served outside the required case management timetable. Furthermore, the court had to consider whether it should grant an adjournment to allow the defendant to rely on the additional evidence.

The court considered the context and extent of the non-compliance with the case management orders. The court noted that the defendant had not provided any justification for the non-compliance and that the additional evidence was not critical to the resolution of the dispute. The court also considered the provisions of sections 56 to 59 of the Civil Procedure Act 2005, which deal with the exclusion of evidence and the granting of adjournments.

The court held that the defendant's application to rely on additional evidence served outside the case management timetable was refused. The court also refused the defendant's application for an adjournment. The court ordered that the defendant pay the costs of the plaintiff in connection with the refused applications. The trial proceeded as scheduled.