In the matter of H&C Investment Holdings Pty Ltd [2023] NSWSC 1387

Supreme Court New South Wales

Medium Neutral Citation: In the matter of H&C Investment Holdings Pty Ltd [2023] NSWSC 1387 Hearing dates: 13 November 2023 Date of orders: 14 November 2023 Decision date: 15 November 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders at [41]. Catchwords: EVIDENCE – Where second and fifth plaintiffs have made affidavits and defendants require them to attend for cross-examination – Whether witness 'not available' within the meaning of Evidence Act 1995 (NSW) s 63(1) – Where witnesses reside overseas – Where application for witnesses' evidence to be given by audio visual link dismissed on prior occasion – Whether 'all reasonable steps' taken to secure witnesses' attendance – Where witnesses are the second and fifth plaintiffs – Guojin Huang v Jinghong Wei [2022] NSWSC 222 distinguished – Plaintiffs have not taken all reasonable steps to facilitate or secure attendance of second and fifth plaintiffs – Affidavits not admissible under Evidence Act 1995 (NSW) s 63 Legislation Cited: Evidence Act 1995 (NSW), ss 63, 63(1), 63(2), 67 Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5C Uniform Civil Procedure Rules 2005 (NSW), r 35.2 Cases Cited: Guojin Huang v Jinghong Wei [2022] NSWSC 222 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd (2009) 258 ALR 598; [2009] NSWSC 769 Texts Cited: N/A Category: Procedural rulings Parties: Steven Huang (First Plaintiff) Chun Huang (Second Plaintiff) S&C Investment Nominees Pty Ltd (Third Plaintiff) Huafa Development Pty Ltd ABN 31 601 761 433 (Fourth Plaintiff) Qiao Sheng Huang (Fifth Plaintiff) Hosea Chan (First Defendant) Chan & Hui Investment Nominees Pty Ltd (Second Defendant) H & C Investment Holdings Pty Ltd ACN 147 329 860 (Third Defendant) Representation: Counsel: Mr M Condon SC with Mr N Kabilafkas (Plaintiffs) Mr P Reynolds (Defendants)