NSW Caselaw
New South Wales Supreme Court
CITATION : Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 1295 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23, 24, 26 October 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 23 October 2007
DECISION : Affidavit admitted; document at LO24.1 rejected; documents at 1-211 to 1-233 admitted; tab 46 of PH 3 rejected
CATCHWORDS : EVIDENCE – rule in Browne v Dunn – proceedings on affidavit – where contradictory affidavit served - EVIDENCE – admissibility – relevance – provisional relevance
LEGISLATION CITED : (NSW) Evidence Act 1995 ss 55, 56, 57, 87
CASES CITED : Street v Luna Park Sydney Pty Limited [2007] NSWSC 697
Joan Street (first plaintiff) Ros Dwyer (second plaintiff) Michael Hesse (third plaintiff) Glen Eight Pty Ltd (fourth plaintiff) Susan Hesse (fifth plaintiff) PARTIES : Robert Simkin (sixth plaintiff) Glen Frederick Billington (seventh plaintiff) Fiona Jeanette Billington (eighth plaintiff) Luna Park Sydney Pty Ltd (first defendant) Metro Edgley Pty Ltd (second defendant) Peter Hearne (third defendant) Warwick Doughty (fourth defendant)
FILE NUMBER(S) : SC 2267/05
Mr T Alexis SC w Ms P M Sibtain (plaintiffs) COUNSEL : Mr T G Parker SC w Mr J A Potts (first & second defendants) Mr J R Clarke (third & fourth defendants)
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