MARTELL v. VICTORIAN COAL MINERS’ ASSOCIATION

28 VLR 643·HOLROYD, J.
28 VLR 643
28 VLR 643
MARTELL v. VICTORIAN COAL MINERS’ ASSOCIATION Supreme Court of Victoria HOLROYD, J. March 25, 26 March 1903 Practice — "Rules of the Supreme Court 1884" — Order XXXI., r. 12 — Discovery — Further affidavit of documents .

If, from any documents produced in an affidavit of documents in the possession of a party to the cause, it appears that the party making the affidavit has in his possession documents other than those which are mentioned in his affidavit, the Court will require him to make a further affidavit. But the mere fact that from such documents it appears probable that there are other documents in his possession will not be sufficient to induce the Court to order a further affidavit, unless such probability overweighs the evidence given on oath by the deponent.

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28 VLR 643

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