NSW Caselaw
Reported Decision : 58 NSWLR 152
New South Wales Supreme Court
CITATION : Nye v State of New South Wales & ors [2003] NSWSC 610 HEARING DATE(S) : 2/7/03 JUDGMENT DATE : 3 July 2003
JUDGMENT OF : O'Keefe J DECISION : Leave to reopen case to adduce evidence granted.
CATCHWORDS : Evidence - Practice and procedure - Application to reopen case - Application to recall witness - Tender of written statement simpliciter by person does not make such person a witness - Words and phrases - Witness - Recall - Calling a witness - Evidence Act dictionary - Inherent jurisdiction - Interests of justice LEGISLATION CITED : Evidence Act 1995 - s 46, Div's 2, 3, 4, 5 Supreme Court Act 1970 - ss 22, 23 Reid v Howard (1995) 184 CLR 1 CASES CITED : State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liquidation) (1999) 160 ALR 588 Tringali v Stewardson, Stubbs and Collette Pty Ltd (1966) 66 SR 335 Garry Raymond Nye State of New South Wales Wayne Popplewell PARTIES : Wayne Desmond Gordon Peter James Hawley David John Barnett Director of Public Prosecutions FILE NUMBER(S) : SC 21458/96 COUNSEL : Plaintiff: Mr B Donovan QC with Mr D Baran and Mr C Thompson Defendant: Mr I Temby QC with Mr P Lakatos SOLICITORS : Plaintiff: Miss E Faccin - Carol & O'Dea (Sydney) Defendant: Ms G Fuller - Crown Solicitor's Office (Sydney)
- 11 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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