Keach and Keach (No 4)
Case
•
[2009] FamCA 1376
•25 September 2009
Details
AGLC
Case
Decision Date
Keach and Keach (No 4) [2009] FamCA 1376
[2009] FamCA 1376
25 September 2009
CaseChat Overview and Summary
In *Keach and Keach (No 4)*, Strickland J of the Supreme Court of Western Australia considered an application by the second respondent to tender a general ledger for loan accounts of the Junior Trust from 2000-2009. The parties involved were the applicants, Keach and Keach, and the second respondent. The dispute centred on the admissibility of this ledger as evidence.
The primary legal issue before the court was whether the general ledger for the loan accounts of the Junior Trust from 2000-2009 should be admitted into evidence, despite an objection. The court also had to determine whether to grant leave to the second respondent to file and rely on an affidavit from a Mr P.
Strickland J dismissed the oral application to tender the general ledger, ordering that the document be marked as "MFI1" (Marked For Identification). However, the court granted leave to the second respondent to file the affidavit of Mr P and to rely on it in the proceedings. The court further adjourned the further consideration of all outstanding issues to a date to be advised in the week commencing 5 October 2009, granting leave for parties and their legal representatives to attend the hearing by telephone.
The primary legal issue before the court was whether the general ledger for the loan accounts of the Junior Trust from 2000-2009 should be admitted into evidence, despite an objection. The court also had to determine whether to grant leave to the second respondent to file and rely on an affidavit from a Mr P.
Strickland J dismissed the oral application to tender the general ledger, ordering that the document be marked as "MFI1" (Marked For Identification). However, the court granted leave to the second respondent to file the affidavit of Mr P and to rely on it in the proceedings. The court further adjourned the further consideration of all outstanding issues to a date to be advised in the week commencing 5 October 2009, granting leave for parties and their legal representatives to attend the hearing by telephone.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Procedural Fairness
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Citations
Keach and Keach (No 4) [2009] FamCA 1376
Most Recent Citation
Keach & Keach [2011] FamCA 192
Cases Cited
0
Statutory Material Cited
2