STATE BANK OF NEW SOUTH WALES v WHITE [1994] NSWCA 294

STATE BANK OF NEW SOUTH WALES v WHITE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 28 February 1994

[1994] NSWCA 294 Mahoney JA

MOTION

This is a matter which comes before the Court on notice of motion. The motion seeks:

"That a tape recording of the judgment given by Judge Johns of the Compensation Court of 26 November 1992 be produced to the Court and be made available to the parties in this matter."

Ground 2 in the notice of motion is:

"That the parties be granted access to the tape."

The circumstances are that on 26 November 1992 his Honour in the Compensation Court apparently delivered an extempore judgment which, I assume, is recorded on a tape recording in that Court. One of the grounds of appeal in the appeal brought to this Court against his Honour's judgment is ground 2:

"His Honour erred in revoking his finding that the applicant had suffered impairment of neck function in the ratio of one as to five of a most extreme case and substituting therefore the finding that the respondent woman had suffered impairment of the neck function in the proportion of one as to four of a most extreme case."

Reference is made to relevant portions of the judgment in relation to what appears on p 6 of the judgment which has been

placed before the Court. I shall not refer to the detail of

Iam not quite sure of the nature of the argument which it advanced in support of the motion. I do not think that it is for this Court to give directions as to what the form of the Judge's judgment was or is. If a party desires to have a copy of a tape recording of the judgment for a proper purpose then, of course, that tape recording would be made available. But as I have said I am not precisely clear whether the reason for which the tape recording is sought is, in this sense, a proper purpose. This is a matter which may require consideration by the Court when the appeal comes before the Court.