Lichaa v Boutros [2023] NSWDC 183

Lichaa v Boutros [2023] NSWDC 183

The plaintiff is entitled to rely on the specified affidavit evidence and to issue a subpoena to a proposed witness, as such evidence is relevant to the residual issues to be determined on remitter; no material prejudice is occasioned that cannot be met by a costs order, and exclusion would be contrary to the interests of justice and risk further delay and appeals.

Parties
Plaintiff: Odette Lichaa; Defendant: Maroun Boutros
Jurisdiction
Australia
Judgment Date
06 June 2023
Procedural Posture
Civil / Interlocutory Application During Reference Following Remitter From Court of Appeal
Outcome
Plaintiff's amended notice of motion granted; orders made in terms sought, including on costs.
Legal Topics
Interlocutory Orders, Affidavit Evidence, Reference Procedure, Costs Orders
Civil Procedure Interlocutory Orders Affidavit Evidence Reference Procedure Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Odette Lichaa

Plaintiff

Maroun Boutros

Defendant

Procedural Posture

Civil / Interlocutory Application During Reference Following Remitter From Court of Appeal

Legal Issues

  1. 1 Whether the plaintiff may rely on specified affidavit evidence at the reference after remitter from the Court of Appeal
  2. 2 Whether the plaintiff may issue a subpoena to call evidence at the reference
  3. 3 Proper scope of evidence on a new trial limited by appellate orders

Ratio Decidendi

The plaintiff is entitled to rely on the specified affidavit evidence and to issue a subpoena to a proposed witness, as such evidence is relevant to the residual issues to be determined on remitter; no material prejudice is occasioned that cannot be met by a costs order, and exclusion would be contrary to the interests of justice and risk further delay and appeals.

Court Disposition

Plaintiff's amended notice of motion granted; orders made in terms sought, including on costs.

Orders

  • The plaintiff has leave to rely upon the affidavits of Joanne Lichaa and Aneet Kaur Bhalla made on 27 February 2023 at the reference.
  • The plaintiff has leave to issue a subpoena to Edward Farah to give evidence to the reference.