NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gamage v Riashi [2023] NSWSC 1609 Hearing dates: 13 December 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that the Notice of Motion filed by the plaintiff on 6 November 2023 be dismissed. (2) Order that the costs of the Notice of Motion be costs in the cause. Catchwords: CIVIL PROCEDURE – subpoenas – to give evidence – appeal from interlocutory decision of the Local Court – whether plaintiff can call witnesses named in Notice of Motion to attend and give evidence in appeal proceedings – Crimes (Appeal and Review) Act 2001 s 53(3)(b) confined to questions of law alone – Notice of Motion dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural rulings Parties: Dan Gamage (P) Michael Riashi (D1) Independent Commission Against Corruption (D2) Director of Public Prosecutions (D3) Representation: Counsel: Self-represented (P) Submitting (D1) A Bhasin (D2) E Jones (D3)
Solicitors: Crown Solicitors (D1, D2) Office of the Director of Public Prosecutions (D3) File Number(s): 2023/228182 Publication restriction: Not Applicable Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil Date of Decision: 28 June 2023 Before: Thomas LCM File Number(s): 2023/228182
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