DEE-TECH PTY LTD & ANOR V NEDDAM HOLDINGS PTY LTD [2010] NSWCA 151

New South Wales Court of Appeal

CITATION: DEE-TECH PTY LTD & ANOR V NEDDAM HOLDINGS PTY LTD [2010] NSWCA 151

HEARING DATE(S): 28/06/2010

JUDGMENT DATE: 28 June 2010

JUDGMENT OF: Handley AJA at 1

(1) Any further evidence to be relied on by the appellants on the motion, or in the appeal pursuant to leave to file further evidence, is to be filed and served on or before 5pm on 12 July, together with any amended motion for leave to adduce further evidence, and any supplementary written submissions by the appellants based upon the further evidence they seek to adduce. (2) Any evidence by the respondents in answer to the existing evidence on the motion or any further evidence filed by the appellants is to be filed and served on or before 5pm on 16 August. (3) I extend the time for filing the respondents' written submissions until and including 5pm on 16 August. DECISION: (4) The respondents are to notify the appellants on or before 5 pm on 16 August of any request for any of the deponents of the appellants' affidavits to attend for cross-examination. (5) Any evidence by the appellants in reply is to be filed and served by 5pm on 23 August, together with any requests by the appellants for deponents of affidavits filed for the respondents to attend for cross-examination. (6) Any subpoenas which either party wishes to issue are to be made returnable before the Registrar of this Court on Monday 23 August. (7) I extend the time for filing the Orange Book until Monday 30 August, and direct the appellants to include in a separate section all further evidence, the submissions on the motion and the appeal and this judgment. (8) I order that the costs of the motion to date be reserved to the Full Court.