Land Enviro Corp Pty Limited & Ors v HTT Huntley Heritage Pty Limited & Ors [2012] NSWSC 122

Supreme Court New South Wales

Medium Neutral Citation: Land Enviro Corp Pty Limited & Ors v HTT Huntley Heritage Pty Limited & Ors [2012] NSWSC 122 Hearing dates: 6 February 2012 - 23 February 2012 Decision date: 23 February 2012 Jurisdiction: Equity Division Before: Stevenson J Decision: That paragraphs 56, 72, 84 and 125 of Mr Moir's affidavit evidence affirmed 27 April 2011 be received as evidence only of the fact of the conversations, and not as evidence of the truth of the matters represented in those conversations. Catchwords: PRACTICE & PROCEDURE - defendants' application to read affidavit - hearsay - whether person "unavailable" for the purposes of Evidence Act 1995 s 63 - whether time during which s 67 notice should be extended Legislation Cited: Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Quintano v BW Rose Pty Ltd [2008] NSWSC 1012 Category: Interlocutory applications Parties: Land Enviro Corp Pty Limited (First Plaintiff) Sam Zdrilic (Second Plaintiff) Amy Zdrilic (Third Plaintiff) Amy Holdings Pty Limited (Fourth Plaintiff) HTT Huntley Heritage Pty Limited (First Defendant) Robert Michael Renshall (Second Defendant) David Hickie (Third Defendant) Sentel Pty Limited (Fourth Defendant) Devubo Pty Limited (Fifth Defendant) Vocifa Pty Limited (Sixth Defendant) Michael John Ansell (Seventh Defendant) Representation: T. Jucovic QC and S.A. Wells (Plaintiffs) M. Einfeld QC and M. Sneddon (First, Second and Fifth Defendants) G.A.F. Connolly (Third and Sixth Defendants) Kemp Strang (Plaintiffs) Middletons (First, Second and Fifth Defendants) Phillip Brand (Third and Sixth Defendants) File Number(s): 2007/254173