VILLANUEVA v STATE OF NEW SOUTH WALES [1999] NSWCA 105

New South Wales Court of Appeal CITATION : VILLANUEVA v STATE OF NEW SOUTH WALES [1999] NSWCA 105 FILE NUMBER(S) : CA 40208/98 HEARING DATE(S) : 26 March 1999 JUDGMENT DATE : 29 April 1999

PARTIES : Tony Villanueva - A State of New South Wales - R JUDGMENT OF : Sheller JA at 1; Beazley JA at 15; Giles JA at 16

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 7133/95 LOWER COURT JUDICIAL OFFICER : Christie DCJ

COUNSEL : K W Andrews - A J A McIntyre - R SOLICITORS : Andrew Fegent & Co - A Hunt & Hunt - R CATCHWORDS : EVIDENCE ACT - s63 (2) - maker of statement not available - no notice given that statement was to be tendered - s67 (4) - discretion of Court to admit statement - admitted with no reasons given - whether in error ACTS CITED : Evidence Act 1995 CASES CITED: House v The King (1936) 55 CLR 499 at 504-5 DECISION : Dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40208/98 DC 7133/95 SHELLER JA BEAZLEY JA GILES JA VILLANUEVA v STATE OF NEW SOUTH WALES

The appellant appealed against a verdict returned by a jury against him in proceedings he began against the State of New South Wales. He sought to recover damages for injuries he alleged he suffered when he fell from a ladder while changing a light bulb at the Special Purposes Prison, Long Bay, when he was a detainee there in 1994. This work was being performed at the direction of Department of Corrective Services officers.