KENNEDY & KENNEDY

In the matter of *Kennedy & Kennedy*, Johns J considered an application to strike out parts of the wife's trial affidavit and an application in a case filed by the applicant. The dispute concerned the admissibility and relevance of certain evidence within the wife's affidavit and the dismissal of specific paragraphs of the applicant's application.

The primary legal issues before the court were whether certain paragraphs and exhibits in the wife's affidavit were scandalous, irrelevant, or otherwise an abuse of process, and therefore should be struck out. Additionally, the court was required to determine the fate of specific paragraphs within the applicant's application in a case, with a view to dismissing some and allowing further submissions on others.

Johns J reasoned that the impugned parts of the wife's affidavit contained material that was either scandalous, irrelevant to the proceedings, or constituted an improper attempt to introduce inadmissible evidence. Consequently, the court ordered that specific paragraphs and exhibits from the wife's trial affidavit be struck out. The court also ordered that the applicant file written submissions regarding paragraph 5 of his application, with the respondent to file submissions in reply, and that paragraphs 1 to 4 and 6 to 7 of the applicant's application be dismissed.