NSW Caselaw
New South Wales Supreme Court
CITATION : Midnight Seas Pty Limited v St George Bank Limited [2010] NSWSC 135
HEARING DATE(S) : 23 February 2010
JUDGMENT DATE : 4 March 2010
JUDGMENT OF : Bryson AJ at 1
DECISION : (1) On each Notice of Motion: Dismiss the Notice of Motion with costs. (2) On my own motion, grant to each party leave to inspect documents produced on subpoena by Commissioner of Police.
CATCHWORDS : PRACTICE AND PROCEDURE – Stay of proceedings pending prosecution of witness – Defendants 2 and 3 applied for stay – Police prosecution of Sam Cassaniti, not a party to these proceedings, pending on three charges of fraudulently misappropriating cheques – Cheques were paid into D2 company bank account of accounting practice conducted by D3 and plaintiff sued for amounts of cheques claiming that Sam Cassaniti was instructed to pay the cheques to Australian Taxation Office – D2 and D3 unable to obtain information from Sam Cassaniti while prosecution pending – Consideration of principles relating to protection of right to silence – HELD D2 and D3 not entitled to protection of another person's right to silence and on consideration of difficulties of either side, D2 and D3 faced ordinary vicissitudes of litigation. Stay refused.
Civil Procedure Act s 56(3). Crimes Act 1900 s 178A LEGISLATION CITED : Evidence Act s 128 Trade Practices Act 1975 (Cth) s 51A UCPR 14.14(2)
CATEGORY : Principal judgment
Edelstein v Richmond (1987) 11 NSWLR 51 Hammond v The Commonwealth (1982) 152 CLR 188 Lee v Director of Public Prosecutions (Cth) [2009] NSWCA 347 CASES CITED : McMahon v Gould (1982) 7 ACLR 202 Niven v SS [2006] NSWCA 338 Oades v Hamilton (1987) 11 NSWLR 138 Reid v Howard (1995) 184 CLR 1 Yuill v Spedleys Securities Limited (in liq) (1992) 8 ACSR 272
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