NSW Caselaw
New South Wales Supreme Court
CITATION : Nye v State of New South Wales & ors [2003] NSWSC 366 HEARING DATE(S) : 28/11/03, 29/11/03, 23/4/03 JUDGMENT DATE : 30 April 2003
JUDGMENT OF : O'Keefe J DECISION : Leave refused to the defendants to withdraw their consent to the tender of Exhibits BJ and BK.
CATCHWORDS : Practice - Procedure - Consent to tender of documents - Application to withdraw consent - Power of court - Inherent jurisdiction - Discretion - Criteria for exercise - Interests of justice - Fair trial of action - Status quo - No actual prejudice - No evidence of possible prejudice - Claim as to possible prejudice - Conscious and deliberate decision by experienced and competent counsel - Reasons for exercise of discretion appropriate notwithstanding that the moving party does not require reasons. LEGISLATION CITED : Evidence Act 1995: s 55 Supreme Court Rules: Part 40, rule 9 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)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
O'Keefe J
30 April 2003
21458/96 Nye v State of New South Wales & ors
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