Tony Villanueva v John King [2008] NSWDC 345

New South Wales District Court

CITATION: Tony Villanueva v John King [2008] NSWDC 345

HEARING DATE(S): 04/07/08

JUDGMENT DATE: 11 July 2008

JURISDICTION: Civil

JUDGMENT OF: Truss DCJ

DECISION: Order general access to Supreme Court file re criminal proceedings against Julie Villanueva-Austin Order defendant to pay plaintiff's costs of motion

CATCHWORDS: certificate under s 128 ss 7 Evidence Act in criminal proceedings - access to transcript in subsequent civil proceedings - application for leave to appeal dismissed on 20/3/09

LEGISLATION CITED: Evidence Act 1995

PARTIES: Tony Villanueva (Plaintiff) John King (Defendant)

FILE NUMBER(S): 1212/06

COUNSEL: Mr H Marshall SC (Plaintiff)

SOLICITORS: Mr P Papadopoulos (Defendant)

JUDGMENT

1 By notice of motion filed 16 May 2008 the plaintiff seeks access to a Supreme Court file in relation to criminal proceedings.

2 The plaintiff is claiming damages for nervous shock in respect of the death of his daughter at the age of six years on or about 18 September 2005 as a result of being administered methadone. It is alleged in the statement of claim that at that time she was in the care and control of the defendant.

3 In his affidavit sworn 12 May 2008 the plaintiff's solicitor states that:

· the defendant was the de facto partner of the child's mother, Julie Villanueva-Austin; · criminal proceedings in respect of the child's death were brought against Ms Villanueva-Austin in the Supreme Court;

· the defendant gave evidence in those proceedings relating to, inter alia, his involvement in the circumstances surrounding the child's death.

4 The Court was informed that pursuant to a request by the Registrar of this court under Part 33 r.13 the Supreme Court has produced its file to this court. The plaintiff now seeks access and says that it is anticipated that the documents produced will be relevant to the issues in dispute between the plaintiff and the defendant in these proceedings.