DEPUTY COMMISSIONER OF TAXATION v. TRIMCOLL PTY. LIMITED [2005] NSWSC 1324

New South Wales Supreme Court

CITATION : DEPUTY COMMISSIONER OF TAXATION v. TRIMCOLL PTY. LIMITED [2005] NSWSC 1324

HEARING DATE(S) : 12 and 15 September 2005

JUDGMENT DATE : 16 December 2005

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Order made pursuant to s.169(1) of the Evidence Act 1995 (NSW) that the defendant is to call as witnesses persons specified as believed to be concerned in the production or maintenance of specified documents. Leave granted to the parties to make any submissions on the question of costs of the application.

CATCHWORDS : Requests made under s.167 Evidence Act - plaintiff requested the defendant call as a witness certain persons who had made previous representations in particular documents - defendant refused to compy with request - plaintiff seeking an order that the evidence to which the request is made is not to be admitted in evidence - plaintiff would alternatively accept an order directing that persons believed to be concerned with production of specified documents be called as witnesses at the hearing - authenticity or admissibility of the documents in issue - defendant did not wish to tender the documents as evidence of the truth of the representations - documents annexed to affidavits contained previous representations - annexed documents included payment declaration forms and invoices for work undertaken by sub-contractors - the request procedures under s.167 of the Evidence Act - whether plaintiff's requests made under s.167 of the Evidence Act reasonable - the preconditions to be met by a requesting party - matters relevant to determining whether a request under s.167 a reasonable request - whether defendant's refusal to comply with request made without reasonable cause - matters to be considered in the exercise of the power to make orders under s.169.