Nguyen v Hwang [2024] NSWSC 1224

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Hwang [2024] NSWSC 1224 Hearing dates: 20 September 2024 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The plaintiff to provide particulars of loss and damage by 18 October 2024. (2) The first defendant is to serve lay evidence contemplated at paragraph [19] of Mr Zhou's affidavit of 8 August 2024 on or before 27 September 2024. (3) The plaintiff to organise to provide access to the defendants' expert, Mr Elliot, to the plaintiff's software during the period of 23 September 2024 to 4 October 2024. (4) The plaintiff to serve any report by Mr Elliot on or before 13 October 2024. (5) The defendants to serve further evidence on or before 16 November 2024, limited to: (a) Report of Mariano Rossetto. (b) Evidence of the first defendant relating to the evidence and material in the evidence of Messrs Elliot and Rossetto. (6) The plaintiff to serve evidence in reply on or before 14 February 2025. (7) The experts in each area of expertise are to confer and produce a report pursuant to Practice Note SC CL 1 on or before 28 February 2025. (8) The parties are to provide agreed questions to be asked of the experts on or before 19 February 2025. (9) The defendants to pay the plaintiff's costs thrown away of the Notice of Motion filed 8 August 2024. (10) The matter is listed before Schmidt AJ at 9.30am on 6 December 2024. (11) The listing before the Registrar on the same day is vacated. (12) Liberty to apply. Catchwords: CIVIL PROCEDURE — Leave to file further evidence — Where matter already set down for final hearing — Whether granting leave will prejudice other party — Minimal prejudice — Leave granted EVIDENCE — Leave to file further evidence — Assessment — sections 56, 57 and 58 of Civil Procedure Act 2005 (NSW) — Leave granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60 Category: Procedural rulings Parties: Vo Vien Phuong Nguyen (Plaintiff) Chiao Lin Hwang (Frist Defendant) Vaissade Pty Ltd (Second Defendant) Representation: Counsel: B Aoude (Plaintiff) D Allen (Defendants)