Vella v Wah Lai Investment (Australia) Pty Ltd, Wah Lai Investment (Australia) Pty Limited v Koleta Gleeson, Paul Vella v Wah Lai Investment (Australia) Pty Limited [2004] NSWSC 583

Leave was granted to read Ms Hui's affidavits except for specified paragraphs dealing with prejudicial matters where cross-examination was required; the order was made to protect the opposing party against unfair prejudice.

Jurisdiction: Australia
Judgment Date: 29 June 2004
Procedural Posture: Equity Proceedings / Interlocutory Determination on Admissibility of Affidavits
Outcome: Leave granted to read affidavits, subject to specified exclusions.
Legal Topics: ['admissibility of Affidavits' 'witness Unavailability' 'cross Examination' 'procedural Fairness']

['evidence' 'equity'] ['admissibility of Affidavits' 'witness Unavailability' 'cross Examination' 'procedural Fairness']

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Procedural Posture

Equity Proceedings / Interlocutory Determination on Admissibility of Affidavits

Legal Issues

1 ['Whether leave should be granted to read affidavits when the deponent is unavailable for cross-examination' 'Extent to which prejudicial material should be excluded']

Ratio Decidendi

Court Disposition

Leave granted to read affidavits, subject to specified exclusions.

Orders

["Leave granted for Josephine Hui's affidavits of 22 October 1997, 30 October 2002, and 20 May 2004 to be read, except for specified paragraphs and sentences that are not to be read due to risk of prejudice."]