Huang v Muse Beauty Salon Waterloo Pty Ltd (No 3); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 3) [2021] NSWDC 575

Huang v Muse Beauty Salon Waterloo Pty Ltd (No 3); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 3) [2021] NSWDC 575

Given the limited range and significance of the proposed evidence to the credit of key witnesses, and considering statutory factors, leave should be granted to read and file the affidavit of Mr Hui, lead related evidence from Ms Lo, and the probative value is sufficient to warrant admission notwithstanding it goes to credit.

Jurisdiction
Australia
Judgment Date
19 October 2021
Procedural Posture
Civil / Procedural Ruling on Notice of Motion
Outcome
Leave granted to adduce further affidavit and oral evidence; costs of the Notice of Motion to be costs in the cause.
Legal Topics
['leave to Call Further Evidence' 'credibility Evidence' 'admissibility of Evidence' 'exercise of Judicial Discretion']
['practice and Procedure'] ['leave to Call Further Evidence' 'credibility Evidence' 'admissibility of Evidence' 'exercise of Judicial Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Procedural Ruling on Notice of Motion

Legal Issues

  1. 1 ['Whether leave should be granted to call further oral and affidavit evidence relating to disputed documents going to credit' 'Whether the probative value of proposed evidence outweighs unfair prejudice under s 135 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

Given the limited range and significance of the proposed evidence to the credit of key witnesses, and considering statutory factors, leave should be granted to read and file the affidavit of Mr Hui, lead related evidence from Ms Lo, and the probative value is sufficient to warrant admission notwithstanding it goes to credit.

Court Disposition

Leave granted to adduce further affidavit and oral evidence; costs of the Notice of Motion to be costs in the cause.

Orders

  • ['The Notice of Motion is made returnable instanter.' 'Leave is granted to the Huang interests to file in court the affidavit of James Hui dated 18 October 2021.' 'Leave is granted to the Huang interests to read, subject to any rulings, the affidavit of James Hui dated 18 October 2021.' 'Leave is granted to the...