TELEGRAPH INVESTMENT CO PTY LTD & ANOR v COMMISSIONER OF STAMPS (SA)

Members:
King CJ
Prior J
Perry J

Tribunal:
Full Supreme Court of South Australia

Decision date: Judgment handed down 22 July 1994

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King CJ

I agree with the reasoning of Perry J in his reasons for judgment.

I think, however, that the application for leave to file affidavits should be granted. I think that that is the appropriate procedure where an appellant wishes to place before the Court facts additional to or in conflict with those set out in the Case Stated. Other directions can then be given in the light of the contents of the affidavits. There may be cross-examination of the deponents or there may be directions for filing of points of claim and defence leading to the hearing of oral evidence.

I would make an order in terms of paragraph 1 of the Notice of Application dated the 21st January 1993.

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ATC 4468