In this case, the Respondent filed a supplementary affidavit five weeks after the conclusion of cross-examinations for an application. Under Rule 39.02(1) of the Rules of Civil Procedure, a party may only cross-examine the opposing side’s affiants once it has served every affidavit on which it intends to rely. The court reviewed the applicable jurisprudence and denied leave on the basis that the courts have granted leave to submit further evidence after cross-examinations “only in exceptional circumstances”.
