Zaya v Manidis Roberts Pty Ltd and UGL Infrastructure Pty Ltd and Anor [2018] NSWSC 388

Supreme Court New South Wales

Medium Neutral Citation: Zaya v Manidis Roberts Pty Ltd and UGL Infrastructure Pty Ltd and Anor [2018] NSWSC 388 Hearing dates: 19; 20 March 2018 Date of orders: 20 March 2018 Decision date: 20 March 2018 Jurisdiction: Common Law Before: Campbell J Decision: My ruling is that the evidence set out in paragraphs 73 to 77 of Exhibit C is admissible. However, I reject it in written form, and direct that the topic be covered in oral evidence‑in‑chief. Catchwords: CIVIL PROCEDURE – admissions - judgment or orders on admission - silence as an admission Legislation Cited: Evidence Act 1995 (NSW) ss 55, 56, 59, 87, 88, 89, 90 Cases Cited: Mundey v Askin [1982] 2 NSWLR 369; R v Martin; R v Martin [2017] NSWSC 1106; R v Qaumi & Qaumi (No 5) [2016] NSWSC 1537; R v Rose (2002) 55 NSWLR 701; [2002] NSWCCA 455; Wiedemann v Walpole [1891] 2 QB 534 Texts Cited: E W Cleary, McCormick on Evidence (3rd ed, 1984, West Publishing Co); J D Heydon, Cross on Evidence (11th ed, 2017, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Andrawos Zaya (Plaintiff) Manidis Roberts Pty Ltd and UGL Infrastructure Pty Ltd t/as Energised Alliance (First Defendant) Silver Raven Pty Ltd (Second Defendant) Representation: Counsel: J Gross QC with V Jurisich (Plaintiff) D Talintyre (First Defendant) M Best (Second Defendant)

Solicitors: PK Simpson & Co (Plaintiff) Yeldham Price O'Brien Lusk (First Defendant) Sparke Helmore Lawyers (Second Defendant) File Number(s): 2014/187218