Huang v Muse Beauty Salon Waterloo Pty Ltd (No 3); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 3) [2021] NSWDC 575

District Court New South Wales

Medium Neutral Citation: Huang v Muse Beauty Salon Waterloo Pty Ltd (No 3); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 3) [2021] NSWDC 575 Hearing dates: 19 October 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In respect to the Notice of Motion filed on 18 October 2021: (1) The Notice of Motion is made returnable instanter. (2) Leave is granted to the Huang interests to file in court the affidavit of James Hui dated 18 October 2021. (3) Leave is granted to the Huang interests to read, subject to any rulings, the affidavit of James Hui dated 18 October 2021. (4) Leave is granted to the Huang interests to read in reply, if required, the affidavit of Yuk Yee Lo dated 6 October 2021 at paragraphs 6 to 12, subject to any rulings. (5) Leave is granted to the Huang interests to lead further oral evidence from Ms Lo as to the circumstances of Exhibits 2 and 8 and which document was forwarded by her to Mr Hui on 29 November 2017. (6) The costs of the Notice of Motion filed on 18 October 2021 are to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE – leave sought to call further oral and affidavit evidence – documents go to credit – delay and costs of further hearing – 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: Evidence Act 1995 (NSW) Cases Cited: Dyldham Developments Pty Ltd v Jones [2008] NSWCA 56 Huang v Muse Beauty Salon Waterloo Pty Ltd (No 2) [2021] NSWDC 562 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)