Kyriakou v State Transit Authority [2011] NSWTAB 3

Transport Appeal Boards New South Wales Medium Neutral Citation: Kyriakou v State Transit Authority [2011] NSWTAB 3 Hearing dates: 28 January 2011 Decision date: 28 January 2011 Jurisdiction: Civil Before: Bishop C (Board) Decision: Leave to issue Summonses granted in part. Short Service allowed Catchwords: PROCEDURE: Notice of Motion seeking leave to issue Summonses to Give Evidence - self represented litigant - leave required - UCPR - leave granted in part Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Interlocutory applications Parties: Andrew Kyriakou (Appellant)

State Transit Authority Division of NSW Government Service (Respondent) Representation: Andrew Kyriakou (Appellant)

Elizabeth Allen (Respondent) State Transit Authority File Number(s): TAB 1348 and 1617 of 2010

DECISION 1The appellant, Andrew Kyriakou, by Notice of Motion filed on the 19 January 2011, seeks leave of the Board pursuant to Part 7.2 of the Uniform Civil Procedure Rules, to issue Summonses to Give Evidence upon the following persons who are employed by the respondent in various capacities: Mr Ken Wheeler, Ms Barbara Phillips Mr Tarik Sabih Mr Martin Byatt Ms Julie Coleman, Mr Laurie Fabian Mr Bruce Eddy 2The respondent has filed witness statements for three of those persons and indicated that they will be available for cross examination - Ms Phillips, Mr Sabih and Mr Byatt. 3The appellant has filed an extensive affidavit setting out the reasons in support of his contention that it is necessary for the proper conduct of his case to have these persons appear and give evidence. 4The respondent opposes the Notice of Motion in part only and contends that relevant witness statements have been filed and two of the other persons do not have information relevant to the proceedings and that the appellant will not be precluded from conducting his case in the absence of those persons. 5In civil cases the test for legitimate forensic purpose requires the requesting party to demonstrate that there are definite, concrete or reasonable grounds to believe that the witnesses would materially or substantially assist the requesting party's case. 6The Board has carefully considered the material filed by Mr Kyriakou and his oral submissions and considers that sufficient grounds have been made out for the granting of the Notice of Motion in part only and the Board therefore grants leave for the issuing of Summonses to give Evidence upon Mr Ken Wheeler, Ms Julie Coleman and Mr Laurie Fabian. 7Leave to issue Summonses to Give Evidence upon Mr Steve Gearie and Mr Bruce Eddy is refused. 8The Board also grants leave for short service. Service is to be effected by close of business at the respondent's business premises at Strawberry Hills on Tuesday 1 February 2011. Elizabeth Bishop Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 April 2011