2

District Court Rules 2005 (WA) Form 1A. Affidavit (r.23A)

Magistrates Court general claim example

District Court of Western Australia / Appeal No:
Affidavit
Parties / Michael Citizen Appellant
Jane Smith Respondent
Person making affidavit / Michael Citizen
Date made / 3 March 2011
Purpose / To support application dated 3 March 2011 for leave to adduce further evidence at the hearing of the appeal.
Filed by / Appellant
Index / Contents / Page
1.  Affidavit of Michael Citizen
2.  Attachment “MC1” - Email Jane Smith to Mary Citizen, 2 June 2009
3.  Attachment “MC2” - Email Mary Citizen to Jane Smith 3 June 2009 / 1
3
4

2

1, Michael Citizen of 123 Rockhamptom Drive, Safety Bay, WA, 6169, Chef, being duly sworn MAKE OATH AND SAY as follows –

1.  I am the appellant in this appeal.

2.  The core issue in this case is whether the $65,000 that the respondent advanced to me was done so by way of investment in the restaurant known as the Lazy Cray (as I assert) or whether it was a loan (as the respondent asserts).

3.  After the decision of Magistrate Black was handed down on 1 February 2011, I was speaking to my sister Mary Citizen about the decision. She told me that in around June 2009 the respondent has send her some emails in which she talked about her excitement for her investment in the Lazy Cray (“the new emails”).

4.  Now produced and shown to me and marked MC1” is a true copy of an email from the respondent to Mary Citizen dated 2 June 2009.

5.  Now produced and shown to me and marked “MC2” is a true copy of an email from Mary Citizen to the respondent dated 3 June 2009.

6.  There are 8 other emails between Mary Citizen and the respondent that are annexed to an affidavit filed by Ms Citizen at the same time as this affidavit was filed.

7.  The respondent did not discover the new emails in the proceedings in the Magistrates Court.

8.  In order for there to be a full, fair and just trial of the issues, it is imperative that these emails are taken into consideration by the Judge hearing the appeal.

This affidavit is sworn by Michael Citizen

in the presence of an authorised witness at

Rockingham on 3 March 2011.

M Citizen

______

E Chew

______

Authorised witness

Edward Chew

Justice of the Peace