Federal Court of Australia
Federal Court of Australia
Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd [2024] FCA 126 File number(s): NSD 1457 of 2023
Judgment of: JACKMAN J
Date of judgment: 16 February 2024
Catchwords: EVIDENCE – hearsay – exception in Evidence Act 1995 (Cth) s 75 – whether source of information identified – where affidavit referred to conversations with persons using alias – objection upheld
Legislation: Evidence Act 1995 (Cth) s 75 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: Prior v Wood [2017] FCA 193 Wily v Terra Cresta Business Solutions Pty Limited [2006] NSWSC 949
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 5
Date of hearing: 16 February 2024
Counsel for the Applicants Mr B May
Solicitor for the Applicants Levitt Robinson Solicitors
Counsel for the Respondent Mr J Gooley and Mr N Olson
Solicitor for the Respondent HWL Ebsworth Lawyers
ORDERS NSD 1457 of 2023
BETWEEN: PUNCHBOWL CASUAL DINING PTY LTD
ACN 638 873 802 First Applicant
MOHAMMAD MATIUR RAHAMAN Second Applicant
MUHAMMAD WAJAHAT Third Applicant
AND: RASHAYS CAFES & RESTAURANTS PTY LTD
ACN 150 097 724 Respondent
order made by: JACKMAN J DATE OF ORDER: 16 February 2024
THE COURT ORDERS THAT:
1. The applicant's objection to the affidavit of Mr Adam John Deverson dated 12 February 2024 is upheld. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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