Leedman v Chahhoud & Ors [2023] NSWSC 1234

Supreme Court New South Wales

Medium Neutral Citation: Leedman v Chahhoud & Ors [2023] NSWSC 1234 Hearing dates: 11 and 18 October 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Equity Before: Slattery J Decision: Adjournment granted on terms. Defendant ordered to pay the plaintiff's costs of the adjournment thrown away on the ordinary basis. Costs fixed in the sum of $1,000 pursuant to Civil Procedure Act 2005, s 98(4)(c). Catchwords: EVIDENCE – Mode of appearance at hearing – audio visual link appearance – Pt 1A Evidence (Audio and Audio Visual Links) Act 1998 – first defendant wishes to defend claim – first defendant resides in Lebanon – unstable internet connection – proceedings would be too difficult to conduct by AVL – first defendant unable to come to Australia in the short term due to immigration restrictions relating to her youngest child – order for the adjournment of proceedings. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Evidence (Audio and Audiovisual Links) Act 1998, ss 5B(1), 5B(2)(a), 5B(2)(c) Cases Cited: Zhang v Zhang [2022] NSWSC 924 Category: Procedural rulings Parties: First Plaintiff: Kim Leedman Second Plaintiff: Anita Leedman Third Plaintiff: Trilam Developments Pty Limited First Defendant: Chadia Chahhoud Second Defendant: Elias Taleb Third Defendant: Fawaz Helou Fourth Defendant: Kassem in his capacity as liquidator of Class 1 Form Pty Ltd (In Liquidation) Representation: Counsel: Plaintiffs: D. Krochmalik; A. Lim First Defendant: P. Afshar