Norsemeter Holdings AS v Pieter Boele [No. 2] [2002] NSWSC 389

New South Wales Supreme Court

CITATION : Norsemeter Holdings AS v Pieter Boele [No. 2] [2002] NSWSC 389 FILE NUMBER(S) : SC HEARING DATE(S) : 24/04/02 JUDGMENT DATE : 24 April 2002

PARTIES : Norsemeter Holdings AS (Plaintiff) Pieter Boele (Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr D Sturzaker (solicitor) (Plaintiff) Mr A Street SC (Defendant) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) Hogan Geikie Poole (Defendant) CATCHWORDS : Evidence - Admissibility - Formal proof of terms of foreign legislation - Power to dispense with rules of evidence - Practice and Procedure - Notice of Motion - Set aside or vary judgment - Evidence Act 1995 9NSW) LEGISLATION CITED : Norwegian Civil Procedure Act 1915 Supreme Court Act 1970 (NSW) Autodesk Inc v Dyason [No. 2] (1993) 176 CLR 300 Hutchinson v Nominal Defendant [1972] 1 NSWLR 443 Idoport Pty Limited & Anor v National Australia Bank & Ors [2001] NSWSC 661 CASES CITED : New South Wales Bar Association v Smith (unreported, NSWCA 4 July 1991) BC 9102691 Pittalis v Sherefettin [1986] QB 868 Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (No 15) (unreported 8 July 1993, NSWCA, BC 9301784) Smith v New South Wales Bar Association (1992) 176 CLR 256 DECISION : The court grants leave to the plaintiff · to have an opportunity to adduce further evidence in relation to the regulations made under the Norwegian legislation, to which Mr Sturzaker referred in his affidavit of 8 March 2002; · to deal also with the terms of the legislation as well as terms of the formal proof thereof; · to permit the defendants an opportunity, as they had with respect to section 49, to adduce evidence also going to the terms of the legislation and the regulations.