Barescape Pty Ltd & Anor v Bacchus Holdings Pty Ltd & Anor (No 4) [2011] NSWSC 1269

Supreme Court New South Wales

Medium Neutral Citation: Barescape Pty Ltd & Anor v Bacchus Holdings Pty Ltd & Anor (No 4) [2011] NSWSC 1269 Hearing dates: 9 to 12 August and 15 to 18 August 2011, 6 to 9 September 2011, 13 to 16 September 2011 Decision date: 14 September 2011 Jurisdiction: Equity Division Before: Black J Decision: Leave granted on terms for Cross-Claimant to call additional witness whose affidavit was not served in accordance with Court's directions Catchwords: PRACTICE AND PROCEDURE - Leave to call additional witness whose affidavit was not served in accordance with Court's directions Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW) r 31.28(4) - Civil Procedure Act 2005 (NSW) ss 56-61 - Supreme Court Rules 1970 (NSW) Cases Cited: - Mobile Innovations Ltd v Vodafone Pacific Ltd [2003] NSWSC 309 - Jones v Dunkel (1959) CLR 298 Category: Interlocutory applications Parties: Barescape Pty Ltd atf The Vs Family Trust (First Plaintiff/First Cross-Defendant) Anthony Ventura (Second Plaintiff/Second Cross-Defendant) Midfielder Pty Ltd (Third Cross-Defendant) Bacchus Holdings Pty Ltd atf The Bacchus Holdings Trust (First Defendant/Cross-Claimant) Matthew Gordon Higgins (Second Defendant) Representation: Counsel: R.J. Burbidge QC, C.D. Wood (Plaintiffs/ Cross-Defendants) J.C. Kelly SC, A.A. Henskens, N.E. Furlan (Defendants/Cross-Claimant) Solicitors: Hicksons (Plaintiffs/Cross-Defendants) Bilbie Dan (Defendants/Cross-Claimant) File Number(s): 09/291437