Huang v Muse Beauty Salon Waterloo Pty Ltd (No 2); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 2) [2021] NSWDC 562

Huang v Muse Beauty Salon Waterloo Pty Ltd (No 2); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 2) [2021] NSWDC 562

Leave to adduce further evidence was refused for the Lo WeChat messages and photograph as their probative value was substantially outweighed by undue delay and waste of time; they only went to credit and would necessitate additional hearing days, adjournment, and cross-examination, with witness availability issues. Leave was granted for evidence relating to the Liu friend request, as it involved no adjournment or further evidence from opposing parties.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Civil / Ruling on Notice of Motion for Leave to Adduce Further Evidence
Outcome
Leave partly granted and partly refused; costs in the cause.
Legal Topics
['leave to Adduce Further Evidence' 'breach of Orders Relating to Service of Affidavits' 'admissibility of Evidence' 'credit of Witnesses' 'delay and Costs of Adjournment' 'exclusion of Evidence Under S 135 Evidence Act 1995 (nsw)']
['practice and Procedure'] ['leave to Adduce Further Evidence' 'breach of Orders Relating to Service of Affidavits' 'admissibility of Evidence' 'credit of Witnesses' 'delay and Costs of Adjournment' 'exclusion of Evidence Under S 135 Evidence Act 1995 (nsw)']

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 / Ruling on Notice of Motion for Leave to Adduce Further Evidence

Legal Issues

  1. 1 ['Whether leave should be granted to adduce further oral or affidavit evidence, particularly the Lo WeChat messages and photograph, in light of prior affidavit service orders and s 135 of the Evidence Act 1995 (NSW)' 'Whether the proposed evidence is admissible as going only to credit' 'Whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion, or undue waste of time']

Ratio Decidendi

Leave to adduce further evidence was refused for the Lo WeChat messages and photograph as their probative value was substantially outweighed by undue delay and waste of time; they only went to credit and would necessitate additional hearing days, adjournment, and cross-examination, with witness availability issues. Leave was granted for evidence relating to the Liu friend request, as it involved no adjournment or further evidence from opposing parties.

Court Disposition

Leave partly granted and partly refused; costs in the cause.

Orders

  • ['Leave is granted to the Huang interests to adduce further evidence relating to the Liu friend request from Ms Huang referred to in paragraph 8 of the affidavit of Frank Ngo dated 30 June 2021.' "Leave is refused in relation to the Lo WeChat messages dated October 2018 and November 2017 and the photograph referred...