Hyperion Property Syndicates Ltd v CBRE Pty Ltd; In the matter of Accord Pacific Land Limited (in liq) [2014] NSWSC 1637

Supreme Court New South Wales

Medium Neutral Citation: Hyperion Property Syndicates Ltd v CBRE Pty Ltd; In the matter of Accord Pacific Land Limited (in liq) [2014] NSWSC 1637 Hearing dates: 18 November 2014 Decision date: 18 November 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that evidence of two witnesses at the trial, other than evidence as to specified conversations, must be given by affidavit. Catchwords: EVIDENCE - course of evidence and addresses - course of evidence - where proceedings continue on pleadings - prima facie position is evidence must be given orally - where parties have proceeded on basis that evidence would be given by affidavit - where disputed conversations - where defendant seeks that evidence of conversations be given orally PROCEDURE - Supreme Court procedure - New South Wales - proceedings on or continued on pleadings - evidence in chief of witnesses at trial must be given orally unless the Court otherwise orders Legislation Cited: (NSW) Civil Procedure Act 2005, s 61, s 62 UCPR r 31.1(2), r 31.1(3), r 31.4 Category: Interlocutory applications Parties: 12/325574: Hyperion Property Syndicates Ltd (plaintiff) CBRE Pty Ltd (first defendant) Gavin Lloyd (second defendant) Accord Pacific Properties Pty Ltd (third defendant) Choon Keng Kho (fourth defendant) Chuang Thye Patrick Kho (fifth defendant) 13/132907: Bruce Gleeson (first plaintiff) Accord Pacific land Pty Ltd (in liq) (second plaintiff) Accord Pacific Properties Pty Ltd (first defendant) Accord Pacific Holdings Pty Ltd (second defendant) Steven Damien Timothy Gargano (third defendant) Choon Keng Kho (fourth defendant) Chuan Thye Patrick Kho (fifth defendant) CBRE Pty Ltd (sixth defendant) Gavin Lloyd (seventh defendant) Richard Butler (eighth defendant) Representation: Counsel: 12/325574: Mr D R Sulan (plaintiff) Mr D A McLure (first & second defendants) Mr L Gor (third to fifth defendants) 13/132907: Ms S Stojonovski (solicitor) (plaintiffs) Mr L Gor (first to fifth defendants) Mr D A McLure (sixth to eighth defendants) Solicitors: 12/325574: Matthews Folbigg Pty Ltd (plaintiff) Kennedys (first & second defendants) Colin Biggers & Paisley (third to fifth defendants) 13/132907: Gillis Delaney Lawyers (plaintiffs) Colin Biggers & Paisley (first to fifth defendants) Kennedys (sixth to eighth defendants) File Number(s): 12/325574; 13/132907