Huang v Muse Beauty Salon Waterloo Pty Ltd (No 2); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 2) [2021] NSWDC 562

District Court New South Wales

Medium Neutral Citation: Huang v Muse Beauty Salon Waterloo Pty Ltd (No 2); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 2) [2021] NSWDC 562 Hearing dates: 13 October 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In respect of the Notice of Motion filed on 30 September 2021: (1) Leave is granted to the Huang interests to adduce further evidence relating to the Liu friend request from Ms Huang referred to in paragraph 8 of the affidavit of Frank Ngo dated 30 June 2021. (2) Leave is refused in relation to the Lo WeChat messages dated October 2018 and November 2017 and the photograph referred to in paragraph 7 of Mr Frank Ngo's affidavit affirmed on 30 June 2021. (3) The costs of the Notice of Motion are costs in the cause. Catchwords: PRACTICE AND PROCEDURE – leave sought to call further oral or affidavit evidence – breach of orders relating to the service of affidavits – documents go to credit – documents recently discovered – delay and costs of adjournment – documents admissible although going only to credit – whether documents should be excluded under s 135 of the Evidence Act 1995 (NSW) although otherwise admissible – factors relevant to the exercise of the discretion Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Cases Cited: Dyldham Developments Pty Ltd v Jones [2008] NSWCA 56 Category: Procedural rulings Parties: Yi-Ching Huang (Plaintiff 2018/00117938; Defendant 2018/00364820) Muse Beauty Salon Waterloo Pty Ltd (Plaintiff 2018/00364820; Defendant 2018/00117938) Representation: Counsel: G Campbell (Plaintiff 2018/00117938; Defendant 2018/00364820) F Santisi (Plaintiff 2018/00364820; Defendant 2018/00117938)