NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector McMartin) v Transfield Pty Ltd t/as Transfield Maintenance [2000] NSWIRComm 190 PROSECUTOR WorkCover Authority of New South Wales (Inspector Steven Finlay McMartin) PARTIES : DEFENDANT Transfield Pty Limited t/as Transfield Maintenance FILE NUMBER: IRC 4586 and 4587 of 1999 CORAM: Hungerford J CATCHWORDS : Evidence - Recall of a witness during prosecution's case - Leave required - Whether statutory provisions apply - Availability of general power in the Court - Circumstances giving rise to the application - Order in which witnesses called - Whether prejudicial to defendant - Ends of justice and the proper administration thereof - Exercise of a discretion - Leave granted to recall witness. LEGISLATION CITED : Evidence Act 1995 s 38(4) s 46 s 192 Occupational Health and Safety Act 1983 s 15(1) s 16(1) CASES CITED : No cases were cited HEARING DATES: 09/07/2000 EXTEMPORE JUDGMENT DATE : 09/07/2000
PROSECUTOR Ms P McDonald of counsel Solicitor: Mr G McCann WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson of counsel Solicitor: Mr M O'Dea Carroll & O'Dea
JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMMI SSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: HUNGERFORD J
Thursday, 7 September 2000
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