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High Court, regarding a motion to dismiss for delay, grants leave to adduce additional evidence which had recently come to light after the hearing had concluded but before judgment is delivered, and admits affidavit, on the grounds that: (1) the new matters pleaded are a very significant part of the plaintiff's case; (2) the evidence was not available to the plaintiff at the time of the hearing of the original motion; (3) the evidence would probably have an important influence on the consideration of the substantive motion; and (4) the evidence only relates to one part of the prejudice claimed by the defendant.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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