Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2003] NSWSC 1048

New South Wales Supreme Court

CITATION : Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2003] NSWSC 1048 HEARING DATE(S) : 11 November 2003 JUDGMENT DATE : 11 November 2003 JURISDICTION: Equity JUDGMENT OF : Hamilton J DECISION : Evidence rejected.

CATCHWORDS : EVIDENCE [24] - Admissibility and relevancy - Facts relevant to facts in issue - In general - Facts relevant only to costs where costs not to be determined on current hearing. LEGISLATION CITED : Supreme Court Rules 1970 Part 52A r 42 3081/97 Peter Lawrence Lewis (P) Lamru Pty Ltd (Applicant) Kation Pty Ltd (Respondent) Brian Raymond Silvia (Liquidator) PARTIES : 1750/02 Lamru Pty Limited (P) Kation Pty Limited (D1) Peter Lawrence Lewis (D2) Mark Lewis (D3) Nortex Pty Ltd (In Liq) (D4) FILE NUMBER(S) : SC 3081/97; 1750/02 N A Cotman SC & J T Johnson (P L Lewis & Kation P/L) COUNSEL : S J Motbey (Lamru P/L) V R Gray (Liquidator & Nortex P/L) No appearance (M Lewis) Kemp Strang (P L Lewis & Kation P/L) SOLICITORS : Lyons & Lyons (Lamru P/L) Abbott Tout (Liquidator & Nortex P/L) Corrs Chambers Westgarth (M Lewis)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

MONDAY, 11 NOVEMBER 2003

3081/97 PETER LAWRENCE LEWIS v NORTEX PTY LTD (In Liq) 1750/02 LAMRU PTY LIMITED v KATION PTY LIMITED & ORS JUDGMENT: (see Transcript p 3221) 1 HIS HONOUR: The purpose of this judgment is to rule on objections taken to the following question asked by Mr Motbey, of counsel for Lamru, in cross examination of the liquidator, Mr Silvia: Q. Do you agree with me that when you were confronted with that lawsuit, joined in effect as a respondent to the appeal, you might have or you were aware that you might have taken the approach: I'll let those two fight it out among themselves and I won't take an active part. Whatever the court decides, I'll accept.