Arena Management Pty Ltd (Admin App) (Rec & Mgrs App) & Anor v Campbell Street Theatre Pty Ltd [2010] NSWSC 326

New South Wales Supreme Court

CITATION : Arena Management Pty Ltd (Admin App) (Rec & Mgrs App) & Anor v Campbell Street Theatre Pty Ltd [2010] NSWSC 326

HEARING DATE(S) : 1 April 2010

JUDGMENT DATE : 1 April 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Palmer J

EX TEMPORE JUDGMENT DATE : 1 April 2010

DECISION : Application refused.

CATCHWORDS : PROCEDURE – leave to rely on evidence not served in compliance with Court's directions – no reason to allow evidence to be adduced at such late stage.

CATEGORY : Procedural and other rulings

Arena Management Pty Ltd (Admin App) (Rec & Mgrs App) (First Plaintiff) PARTIES : Randall Joubert in his capacity as Administrator of Arena Management Pty Ltd (Admin App) (Second Plaintiff) Campbell Street Theatre Pty Ltd (Defendant)

FILE NUMBER(S) : SC 2010/290258

COUNSEL : G.P. George (Plaintiffs) D.J. Barnett (Defendant)

SOLICITORS : Pateman Legal (Plaintiffs) Fower & Gorcha Lawyers (Defendant)

2010/290258 Arena Management Pty Ltd (Admin App) (Rec & Mgrs App) & Anor v Campbell Street Theatre Pty Ltd

JUDGMENT – Ex tempore

1 April, 2010

1 This is an application by Notice of Motion filed in Court now and made returnable instanter for the evidence of two overseas witnesses to be taken by video link. The trial is to start on the next business day of the Court, that is on Tuesday, 6 April 2010.

2 The matter has been set down for a considerable time, the trial having been vacated on two previous occasions. The second of those occasions was at the instance of the Defendant; it was ordered to pay indemnity costs. The issue to which the evidence of these witnesses goes is as to the solvency of the First Plaintiff.