In the matter of Lime Gourmet Pizza Bar (Charlestown) Pty Ltd formerly under administration); Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (formerly under administration) (in liq); Lime Gourmet Pizza Bar (Hamilton) Pty Ltd (formerly under administration) [2014] NSWSC 1898

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Lime Gourmet Pizza Bar (Charlestown) Pty Ltd formerly under administration); Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (formerly under administration) (in liq); Lime Gourmet Pizza Bar (Hamilton) Pty Ltd (formerly under administration) [2014] NSWSC 1898 Hearing dates: 14 November 2014 Decision date: 14 November 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Certificate to be made available in respect of evidence given by witness in chief, by affidavit in proceedings and cross-examination subject to satisfaction of requirements under Evidence Act 1995 (NSW) s 128. Catchwords: EVIDENCE – witnesses – privilege against self-incrimination – where first and second defendants seek to rely on affidavit evidence of witness in chief – whether certificate can be granted to witness giving evidence in chief under Evidence Act 1995 (NSW) s 128 – whether witness was compellable by first and third defendants to give evidence in proceedings. Legislation Cited: - Corporations Act 2001 (Cth) ss 181, 184 - Evidence Act 1995 (NSW) s 128 Cases Cited: - Cornwell v The Queen [2007] HCA 12; (2007) 231 CLR 260 - Health Services Union NSW v Mylan [2014] NSWSC 1026 - Lewis v Nortex Pty Ltd (in liq) [2002] NSWSC 1192; (2002) 217 ALR 719 - LGM v CAM [2011] FamCAFC 195 - Song v Ying [2010] NSWCA 237; (2010) 79 NSWLR 442 Category: Procedural and other rulings Parties: John Vouris and Chad Robert Rapsey in their capacity as former Administrators of Lime Gourmet Pizza Bar (Charlestown) Pty Ltd (formerly under administration); Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (formerly under administration) (in liquidation) and Lime Gourmet Pizza Bar (Hamilton) Pty Ltd (formerly under administration) (Plaintiffs) Lime Gourmet Pizza Bar (Charlestown) Pty Ltd; Lime Gourmet Pizza Bar (Darby Street) Pty Ltd; and Lime Gourmet Pizza Bar (Hamilton) Pty Ltd (Defendants) Representation: Counsel: J T Johnson (Plaintiffs) M Mandoh (First and Third Defendants)