Huang v Muse Beauty Salon Waterloo Pty Ltd; Muse Beauty Salon Waterloo Pty Ltd v Huang

ex tempore Judgment

1. HIS HONOUR: Before the Court is a Notice of Motion, leave to file which was granted today to the Xie interests in proceedings 2018/364820, seeking, in substance, an order under s 62(3)(a) of the Civil Procedure Act 2005 (NSW) limiting the cross‑examination of Ms Xie and Ms Bai to stipulated times and dates.
2. It is submitted by Mr Campbell, who appears on behalf of the Xie interests, that the cross‑examination of Ms Xie has been excessive and that, accordingly, the time has come for the Court to make limiting orders under s 62.
3. Section 62 of the Civil Procedure Act 2005 (NSW) provides as follows: "(1) The Court may, by order, give directions as to the conduct of any hearing, including directions as to the order in which evidence is to be given and addresses made. (2) The Court may, by order, give directions as to the order in which questions of fact are to be tried. (3) Without limiting subss (1) and (2), the Court may, by order, give any of the following directions at any time before or during a hearing‑‑ (a) a direction limiting the time that may be taken in the examination, cross‑examination or re‑examination of a witness, (b) a direction limiting the number of witnesses (including expert witnesses) that a party may call, (c) a direction limiting the number of documents that a party may tender in evidence, (d) a direction limiting the time that may be taken in making any oral submissions, (e) a direction that all or any part of any submissions be in writing, (f) a direction limiting the time that may be taken by a party in presenting his or her case, (g) a direction limiting the time that may be taken by the hearing. (4) A direction under this section must not detract from the principle that each party is entitled to a fair hearing, and must be given a reasonable opportunity‑‑ (a) to lead evidence, and (b) to make submissions, and (c) to present a case, and (d) at trial, other than a trial before the Local Court sitting in its Small Claims Division, to cross‑examine witnesses. (5) In deciding whether to make a direction under this section, the Court may have regard to the following matters in addition to any other matters that the Court considers relevant‑‑ (a) the subject‑matter, and the complexity or simplicity, of the case, (b) the number of witnesses to be called, (c) the volume and character of the evidence to be led, (d) the need to place a reasonable limit on the time allowed for any hearing, (e) the efficient administration of the Court lists, (f) the interests of parties to other proceedings before the Court, (g) the costs that are likely to be incurred by the parties compared with the quantum of the subject‑matter in dispute, (h) the court's estimate of the length of the hearing. (6) At any time, the Court may, by order, direct a solicitor or barrister for a party to give to the party a memorandum stating‑‑ (a) the estimated length of the trial, and the estimated costs and disbursements of the solicitor or barrister, and (b) the estimated costs that, if the party were unsuccessful at trial, would be payable by the party to any other party.