Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 3) [2022] NSWSC 840

Supreme Court New South Wales

Medium Neutral Citation: Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 3) [2022] NSWSC 840 Hearing dates: 17 June 2022 Date of orders: 17 June 2022 Decision date: 24 June 2022 Jurisdiction: Common Law Before: Payne JA Decision: (1) Reject the affidavit of Christopher Richards sworn 8 June 2022 on behalf of Rothbury Riot and Steam Museum Group Ltd. (2) Reject the affidavit of Christopher Richards sworn 8 June 2022 on behalf of The Spirit of the Hunter Pty Ltd. Catchwords: CIVIL PROCEDURE — Court administration — Court powers — Control of proceedings — where non-party filed evidence relating to a claim outside leave granted to make submissions and inconsistent with court orders — where non-party had notice of and opportunity to be joined to proceedings — evidence rejected Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 6.8 Cases Cited: Bar-Mordecai v Rotman [2000] NSWCA 123 Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 2) [2022] NSWSC 561 Yeshiva Properties No 1 Pty Ltd v Lubavitch Mazal Pty Ltd (No 2) [2003] NSWSC 752 Category: Principal judgment Parties: Misthold Pty Ltd (Plaintiff/Cross-defendant) NSW Historic Sites and Railway Heritage Company Pty Ltd (Defendant/Cross-claimant) Representation: Counsel: M Walton SC with N Furlan (Plaintiff/Cross-defendant) Mr C Richards (in person) as a director of (Defendant/Cross-claimant) Mr C Richards (in person) as a director of Rothbury Riot and Steam Museum Group Ltd and The Spirit of the Hunter Pty Ltd.