National Auto Glass Supplies (Australia) Pty Limited v Nielsen & Moller Autoglass (NSW) Pty Limited (No 7) [2007] FCA 582

FEDERAL COURT OF AUSTRALIA

National Auto Glass Supplies (Australia) Pty Limited v Nielsen & Moller Autoglass (NSW) Pty Limited (No 7) [2007] FCA 582 EVIDENCE – discretion to limit the use to be made of evidence following its admission where an order has been made excusing a witness under cross-examination from giving further evidence in the case Evidence Act 1995 (Cth) s 136 National Auto Glass Supplies (Australia) Pty Limited v Nielsen & Moller Autoglass (NSW) Pty Limited (No 5) [2007] FCA 569 Australian Competition and Consumer Commission v Lux Pty Limited [2003] FCA 949 The Larrakia People v Northern Territory [2003] FCA 1175 NATIONAL AUTO GLASS SUPPLIES (AUSTRALIA) PTY LIMITED ACN 081 814 342, MAGGIE YEUNG LO AND HARVEY HUI OUYANG v NIELSEN & MOLLER AUTOGLASS (NSW) PTY LIMITED ACN 107 721 595, JACK J MOLLER AND CARL MOLLER NSD 2596 OF 2005

GRAHAM J

13 APRIL 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2596 OF 2005

BETWEEN: NATIONAL AUTO GLASS SUPPLIES (AUSTRALIA) PTY LIMITED ACN 081 814 342

First Applicant

MAGGIE YEUNG LO

Second Applicant

HARVEY HUI OUYANG

Third Applicant

AND: NIELSEN & MOLLER AUTOGLASS (NSW) PTY LIMITED ACN 107 721 595

First Respondent

JACK J MOLLER

Second Respondent

CARL MOLLER

Third Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 13 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. No further use may be made by any party of the affidavit or oral evidence of the second respondent. 2. There be no costs order against the first or third respondents in respect of the applicants' Notice of Motion filed 12 April 2007. 3. The second respondent pay the applicants' costs thrown away by reason of his failure to attend for examination on the resumption of the proceedings on 12 April 2007 on an indemnity basis. Such costs may be taxed and shall be payable forthwith. 4. The costs of the applicants of their Notice of Motion filed 12 April 2007 which occupied approximately one and a half hours of hearing time this afternoon be the applicants' costs in the proceedings as against the second respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.