Pastizzi Cafe Pty Ltd v Hossain [2011] NSWSC 765

Supreme Court New South Wales

Medium Neutral Citation: Pastizzi Cafe Pty Ltd v Hossain [2011] NSWSC 765 Hearing dates: 20 July 2011 Decision date: 20 July 2011 Jurisdiction: Equity Division Before: Gzell J Decision: Use of expert evidence refused. Catchwords: EVIDENCE - Expert Evidence - no application under Uniform Civil Procedure Rules 2005, Pt 31 r 31.19 and Practice Note SC Eq 5 [13]-[15] - non-compliance Sch 7, cl 5(1) - no acknowledgment of reading Expert Witness Code of Conduct or bound in terms of r 31.23(4) - non-compliance r 31.27(1)(e) and r 31.27(1)(f) - no indication of how expert moves from statement of facts to opinions expressed - opinion as to insolvency based on ATO debt when evidence of agreement to pay $100 a week until dispute resolved - rival business takings suggestive of ability to pay debts as and when due Legislation Cited: Uniform Civil Procedure Rules 2005 Practice Note SC Eq 5 Cases Cited: Australian Securities and Investments Commission v Rich [2005] NSWSC 149; (2005) 190 FLR 242 Category: Procedural and other rulings Parties: Pastizzi Cafe Pty Ltd (First Plaintiff) Deborah Ross (Second Plaintiff) Len Ross (Third Plaintiff) Miraj Hossain (First Defendant) Talukder Enterprises (Second Defendant) Representation: Counsel A McInerney/M Bennett (Plaintiffs) J R Young (Defendants) Solicitors Michael Fitzgerald (Plaintiffs) Mooney & Kennedy Solicitors (Defendants) File Number(s): 2011/153417