Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer (No 2) [2013] NSWDC 298

District Court New South Wales

Medium Neutral Citation: Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer (No 2) [2013] NSWDC 298 Hearing dates: 13 November 2013 Decision date: 13 November 2013 Jurisdiction: Civil Before: P Taylor SC Decision: I propose to admit the material as exhibit K but not as evidence against Mr Hammond or the club. Catchwords: EVIDENCE - record of interview - whether witness "not available" - whether "just, quick and cheap" Legislation Cited: Civil Procedure Act 2005, s 56 Evidence Act 1995, s 59, s 63, s 64, s 81, s 82, s 83, s 91 Category: Procedural and other rulings Parties: 2009/339941 Kathaleen Nicoll (plaintiff) Dean Dobeson (first defendant) Robert Hammond (second defendant) Sussex Inlet RSL Club Ltd (third defendant)

2012/281640 Kathaleen Nicoll (plaintiff) The Workers Compensation Nominal Insurer (defendant/cross-claimant) Sussex Inlet RSL Club Ltd (first cross-defendant) Dean Dobeson (second cross-defendant) Robert Hammond (third cross-defendant) Representation: Mr H Marshall SC with Mr G Smith (plaintiff) Mr J Wilson (The Workers Compensation Nominal Insurer) Mr R Sheldon (Sussex Inlet RSL Club Ltd) Lough & Wells (plaintiff) TurksLegal (The Workers Compensation Nominal Insurer) Lee and Lyons Lawyers (Sussex Inlet RSL Club Ltd) File Number(s): 2009/339941 2012/281640 Publication restriction: No