AJW and 2 ors v State of New South Wales [2003] NSWSC 803

New South Wales Supreme Court

CITATION : AJW and 2 ors v State of New South Wales [2003] NSWSC 803 HEARING DATE(S) : 29/8/03 JUDGMENT DATE : 5 September 2003

JUDGMENT OF : Bell J at 1 DECISION : Admission of the previous representations of SMW admitted

LEGISLATION CITED : Evidence Act 1995 De Rose v the State of South Australia (No 4) [2001] FCA 1616 Hicks v Faulkner (1881) 8 QBD 167 CASES CITED : Papakosmas v the Queen [1999] HCA 37 R v Clark [2001] NSWCCA 494; 123 A Crim R 506 R v Lockyer (1996) 89 A Crim R 457 R v Singh-Bal (1997) 92 A Crim R 397 AJW (1st Plaintiff) PARTIES : LAW (2nd Plaintiff) JMS (3rd Plaintiff) FILE NUMBER(S) : SC 20218/99 AJ Bartley SC / A Kostopoulos / L Whalan (1st Plaintiff) COUNSEL : AJ Bartley SC / D Campbell SC / A Kostopoulos / L Whalan (2nd Plaintiff) D Campbell SC / A Kostopoulos / L Whalan (3rd Plaintiff) B Donovan QC / C Hodgson (Defendant) Greg Walsh (1st and 2nd Plaintiff) SOLICITORS : Verekers, Solicitors (3rd Plaintiff) I V Knight (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Friday 5 September 2003

20218/99 AJW and 2 ors v State of New South Wales

JUDGMENT (the admission of the previous representations of SMW) 1 BELL J: The plaintiffs sought to adduce evidence from ES of previous representations made to her by SMW. The particulars of the evidence are set out in a notice issued pursuant to s 67 of the Evidence Act 1995 (the Act). 2 The defendant served notice under s 68 of the Act of its objection to the tender of the evidence particularised in subparagraphs (a) (i), (ii), (iv) and (v) of the plaintiffs' notice. In each instance the plaintiffs seek to adduce evidence of previous representations made by SMW in the presence and within the hearing of ES. It is accepted by the defendant that the representations that are sought to be adduced are "first-hand" hearsay for the purposes of s 62 of the Act.