Giuseppe Citterio Salumficio SPA v Zintix (Australia) Pty Ltd ACN 143376952 [2019] NSWDC 89

District Court New South Wales

Medium Neutral Citation: Giuseppe Citterio Salumficio SPA v Zintix (Australia) Pty Ltd ACN 143376952 [2019] NSWDC 89 Hearing dates: 01 March 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Civil Before: Judge Robert Montgomery Decision: 1) On or before Monday 11 March 2019, the cross claimant is to serve an affidavit: explaining its failure to comply with orders made 23 November 2018 for service of expert evidence of foreign law. a) Explaining its failure to amend the cross claim to specifically plead the law of its set off claim. b) Informing the Court of when it will serve expert evidence on the foreign law of the transaction and the forum of jurisdiction in final form as would be relied upon in the final hearing. 2) Time for service of evidence, referred to in 1(b), to be not later than Monday 1 April 2019. 3) I direct the cross claimant to file and serve any amended cross claim on or before 12 April 2019. 4) In the event of substantial failure by the cross claimant to comply with these orders, the stay of Judgment obtained by the plaintiff on 23 November 2018 will be vacated. 5) The cross claimant pay the cross defendants costs of today, 1 March 2019. 6) In the event that the cross claimant seeks variation of orders 1-5 above, it must proceed by Notice of Motion supported by affidavit evidence served on the cross defendant not later than Monday 8 April 2019. 7) I return the matter before me for Readiness Hearing on Thursday 18 April 2019 in expectation that the parties will join in a timetable toward fixing a date for hearing save that in the event of failure to agree then such timetable as will be ordered. 8) I return the matter for mention before me 10am Friday 15 March 2019. Catchwords: PLEADINGS - Foreign Law [UCPR r 14.14]; EXPERT EVIDENCE - Foreign Law [ss 174-176 Evidence Act 1995 (NSW)] Legislation Cited: Evidence Act 1995 (NSW); Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Giuseppe Citterio Salumficio SPA