NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Regina v Fysh [2012] NSWSC 1266 Hearing dates: 15, 16 October 2012 Decision date: 22 October 2012 Before: McCallum J Decision: Rulings as to admissibility of proposed expert opinion evidence Catchwords: CRIME - particular offences - insider trading - elements of offence - admissibility of expert opinion evidence to prove some elements
EVIDENCE - admissibility - expert opinion evidence - where relied upon to prove general availability and materiality of alleged inside information - whether general availability of information a matter of expertise - whether report adequately articulates connection between expertise and opinions stated Legislation Cited: Corporations Act 2001 (Cth) Criminal Procedure Act 1986 Evidence Act 1995 Jury Act 1977 Cases Cited: Australian Securities Commission v McLeod [2000] WASCA 101 Dasreef Pty Ltd v Hawchar [2011] HCA 21 R v Wright [1980] VR 593 R v Morgan [2011] NSWCCA 257 Category: Procedural and other rulings Parties: Regina Stuart Alfred Fysh Representation: Counsel: D Staehli SC and J Single (Crown) B Walker SC and I Pike SC (accused) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Gilbert & Tobin Lawyers (accused) File Number(s): 2011/15688 Publication restriction: Decision not to be posted on the Internet until after the conclusion of the trial presently being heard by McCallum J with a jury
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