MR Group Investments Pty Ltd v Back [2018] NSWSC 1739

Supreme Court New South Wales

Medium Neutral Citation: MR Group Investments Pty Ltd v Back [2018] NSWSC 1739 Hearing dates: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiffs pursuant to rule 10.2 of the Uniform Civil Procedure Rules 2005 (NSW) to rely upon the affidavits of Sam Fayad dated 31 August 2018 and Mario Anaxagora dated 17 September 2018 (the Affidavits).

(2) The defendants to file and serve any affidavits upon which they rely in response to the Affidavits on or before 31 January 2019.

(3) The plaintiffs are not entitled to rely on any evidence-in-chief other than the affidavits of Sam Fayad sworn 31 August 2018, Mario Anaxagora sworn 17 September 2018, Ronnie Khalil sworn 15 February 2018, Mustafa Elsadik sworn 15 February 2018 and Bassam Elsadik sworn 15 February 2018 and the Expert Statement of Edward Spring Boyce dated 31 August 2017, without further leave of the Court.

(4) Order the plaintiffs to pay the defendants' costs of the notice of motion filed on 7 October 2018.

(5) List the matter for directions before the Registrar on 12 February 2019 Catchwords: CIVIL PROCEDURE – service – application for leave to use affidavits under Civil Procedure Act 2005 (NSW), r 10.2 – defendants neither consent to nor oppose orders – leave granted Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 10.2 Category: Procedural and other rulings Parties: MR Group Investments Pty Ltd (First Plaintiff) Bassam Elsadik (Second Plaintiff) Ronnie Khalil (Third Plaintiff) Mustafa Elsadik (Fourth Plaintiff)