NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Stephen Finlay McMartin v Newcastle Wallsend Coal Company Pty Limited and ors [2003] NSWIRComm 392 PROSECUTOR: Stephen Finlay McMartin PARTIES : DEFENDANTS: Newcastle Wallsend Coal Company Pty Limited; Oakbridge Pty Limited; Richard Porteous; Phillip Pritchard; Michael Alston; Mark Robinson; Jonathan Romcke; Michael Coffey; Christopher Nicholls; Terence Shacklady. FILE NUMBER: 3198 - 3249 of 2000 CORAM: Staunton J CATCHWORDS : Occupational health and safety - voir dire to determine admissibility of expert witness statement - Part 36r13C and para 5(b) of Schedule K of Supreme Court Rules considered applicable - held expert witness statement complied with Schedule K subject to testing in cross examination - onus on defendants to have statement excluded under s137 Evidence Act - onus not discharged - statement admitted subject to issues arising and consideration as to weight Occupational Health and Safety Act 1983 LEGISLATION CITED : Coal Mines Regulation Act 1982 Evidence Act 1995 CASES CITED : Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 HEARING DATES: 11/03/2003 DATE OF JUDGMENT: 11/04/2003
PROSECUTOR: Mr S Crawshaw SC Mr B Docking of counsel Mr A Slevin of counsel SOLICITORS: Mr M Carrick Geoffrey Edwards & Co
DEFENDANTS: Newcastle Wallsend Coal Company Pty Limited; Oakbridge Pty Ltd; Mr R Porteous & Mr J Romcke
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