CITATION:Desert Farms Pty Ltd v Shea & Ors [2025] NTSC 23
PARTIES:DESERT FARMS PTY LTD
(ACN 161 105 880)
v
SHEA, David Andrew
and
CORMACK, Benjamin James
and
NORTHERN BEE WORKS PTY LTD
(ACN 649 481 872)
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: Supreme Court exercising Territory jurisdiction
FILE NO:2023-03073-SC
DELIVERED: 17 April 2025
HEARING DATE: 27 March 2025
JUDGMENT OF: Smyth A/AsJ
CATCHWORDS:
EVIDENCE – Judicial Discretion to admit or exclude Evidence – Application for advanced ruling – Considerations which apply to the exercise of discretion on an advanced ruling – Advanced ruling declined
Evidence (National Uniform Legislation) Act 2011 (NT) s 135, s 136, s 191A
Smith v The Queen (2001) 206 CLR 650; Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2012] FCA 185; Southern Cross Airports v Chief Commissioner of State Revenue [2011] NSWCA 349; Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No. 3) [2009] FCA 1075; Ahern v Aon Risk Services Australia [2014] NSWSC 1697; Dyldam Developments Pty Ltd v Jones [2008] NSWCA 56, referred to.
Odgers S Uniform Evidence Law, 14th ed., 2019
Williams W et al. Uniform Evidence in Australia, 2015
REPRESENTATION:
Counsel:
Plaintiff:E Withnall
Defendants:J Stuchbery
Solicitors:
Plaintiff:Withnall Halliwell
Defendants:Ward Keller
Judgment category classification: B
Judgment ID Number: Smy2502
Number of pages: 15
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINDesert Farms Pty Ltd v Shea & Ors [2025] NTSC 23
No. 2023-03073-SC
BETWEEN:
DESERT FARMS PTY LTD
(ACN 161 105 880)
Plaintiff
AND:
DAVID ANDREW SHEA
First Defendant
AND:
BENJAMIN JAMES CORMACK
Second Defendant
AND:
NORTHERN BEE WORKS PTY LTD (ACN 649 481 872)
Third Defendant
CORAM: SMYTH A/AsJ
REASONS FOR JUDGMENT
(Delivered 17 April 2025)
The Plaintiff makes application by summons filed 28 February 2025 for two orders under ss 135 and 136 of the Evidence (National Uniform Legislation) Act 2011 (the Act). The Plaintiff seeks relief under:
1. Section 136 of the Act in relation to paragraphs [4]-[30] of the affidavit of David Andrew Shea sworn 31 January 2025; and
2. Section 135 of the Act in relation to paragraphs [130]-[144] of the affidavit of David Andrew Shea sworn 31 January 2025.
Background to Proceedings
The background to these proceedings, for the purpose of these applications, can be summarised succinctly. The proceedings relate to claims brought by the Plaintiff against the Third Defendant company and its directors (the First and Second Defendants) with respect to breach of contract and trespass to goods. The claim relates to an alleged breach of contract essentially constituting the failure of the First Defendant to provide beekeeping services to the Plaintiff and damages resulting therefrom. A similar claim is brought against the First Defendant with respect to an alleged breach of an employment contract between the First Defendant and the Plaintiff. The Plaintiff also brings claims against the Defendants with respect to certain property relating to beekeeping (bees and equipment),…
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- Case
- [2025] NTSC 23
- Decision Date
CaseChat Overview and Summary
The court determined that the application for an advanced ruling was not appropriate in this case. The judge noted that there was no urgency for such a ruling and that the evidence could be properly assessed at the trial. The court emphasised the broad discretion afforded to judges under section 192A of the Evidence Act, which allows for advanced rulings if considered appropriate. However, the judge concluded that the case did not meet the criteria for an advanced ruling, as the evidence could be adequately dealt with at the trial.
The court declined the application for an advanced ruling on the admissibility of the evidence. The decision highlighted the importance of assessing the admissibility of evidence at the appropriate stage of the proceedings, particularly when the evidence could be effectively managed during the trial. This ruling underscores the discretionary nature of advanced rulings and the need for a case-by-case assessment of their appropriateness.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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