Nouri v Australian Capital Territory

In *Nouri v Australian Capital Territory*, the applicant sought to have certain affidavits included in the appeal papers. The dispute concerned whether these affidavits, which had been relied upon by the plaintiffs in an interlocutory application, had been before the trial judge at the trial itself. The matter came before Burns J.

The central legal issue for determination was whether the affidavits in question were properly before the trial judge and therefore capable of being included in the appeal record. This required the court to consider the nature of the interlocutory application and the extent to which evidence presented at that stage formed part of the material considered during the substantive trial.

Burns J reasoned that the affidavits had been relied upon by the plaintiffs in an interlocutory application, and it was not established that they were before the trial judge at the trial. Consequently, the court found that the affidavits were not part of the material that could be included in the appeal papers. The application to include these documents in the appeal was therefore dismissed.