Kabat & Anor and Garacia (No 2)

In the matter of *Kabat & Anor and Garacia (No 2)*, Carew J of the Supreme Court of New South Wales considered an application by the second applicant to read and file further affidavits. The precise nature of the underlying dispute between the parties, Kabat and Garacia, is not detailed in the provided text, but the application before the court concerned the admission of additional evidence.

The central legal issue before the court was whether the second applicant should be permitted to introduce further affidavits into the proceedings at that stage. This required the court to consider the rules of evidence and procedure governing the filing and reading of affidavits, particularly in circumstances where the evidence appears to be tendered late in the legal process.

Carew J dismissed the second applicant's oral application. While the specific reasons for this dismissal are not elaborated upon in the provided text, the decision indicates that the court exercised its discretion to refuse the admission of the further affidavits. The outcome was that the application to read and file these additional affidavits was unsuccessful.