Martin v State of NSW & Anor [2002] NSWCA 337

New South Wales Court of Appeal

CITATION : Martin v State of NSW & Anor [2002] NSWCA 337 FILE NUMBER(S) : CA 40975 of 2001 HEARING DATE(S) : 08/10/02 JUDGMENT DATE : 21 November 2002

Mitzi Martin PARTIES : v State of New South Wales & Richard Hoare JUDGMENT OF : Spigelman CJ at 1; Meagher JA at 13; Giles JA at 31

LOWER COURT JURISDICTION : District Court LOWER COURT DC 7460/99 FILE NUMBER(S) : LOWER COURT Boyd-Boland ADCJ JUDICIAL OFFICER :

A: C Stevens SC & A Porthouse COUNSEL : 1st R: P Menzies QC & A Stone 2nd R: D Brogan A: L C Muriniti & Associates SOLICITORS : 1st R: Crown Solicitor's Office 2nd R: Marsdens CATCHWORDS : Sexual harassment - wrongful rejection of evidence - tendency and coincidence evidence - appeal dismissed with costs. LEGISLATION CITED : s97 Evidence Act 1995 cl 6(2) Evidence Regulation 2000 (NSW) CASES CITED: Rosenberg v Percival (2001) 75 ALJR 73 Devries v Australian National Railway Commission (1993) 177 CLR 472 at 479 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40975 of 2001 DC 7460 of 1999

SPIGELMAN CJ MEAGHER JA GILES JA

Thursday, 21 November 2002 MITZI MARTIN v STATE OF NEW SOUTH WALES & Anor Facts The appellant, Miss Martin and the second respondent, Mr Hoare, were employed at the Adult Day Placement Centre conducted by the Department of Community Services. Miss Martin alleged that in the course of their employment, Mr Hoare assaulted and battered her on four occasions (5th and 6th January 1998, and twice on 28 January 1998), as a result of which she suffered injury and sought damages. She further alleged that Mr Hoare had sexually harassed her.