Zraika v Walsh [2014] NSWSC 892

Supreme Court New South Wales

Medium Neutral Citation: Zraika v Walsh [2014] NSWSC 892 Hearing dates: 23 June 2014 Decision date: 23 June 2014 Jurisdiction: Common Law Before: Campbell J Decision: Admit the Statement of Mr Bernard into Evidence Catchwords: EVIDENCE - admissibility - hearsay evidence - exceptions - maker available - where maker no longer has recollection of event but has provided an earlier statement EVIDENCE - admissibility - judicial discretion to exclude or limit the use of evidence - application to exclude evidence where prejudice outweighs probative value Legislation Cited: Evidence Act 1995 (NSW), s 64 Cases Cited: Graham v The Queen (1998) 195 CLR 606 Category: Interlocutory applications Parties: Sharif Zraika by his tutor Hamila Zraika (plaintiff); Rebecca Jane Walsh (first defendant); Joseph Bernard Walsh (second defendant); Roads & Maritime Services (third defendant); Bankstown City Council (fourth defendant); Ali Zraika (fifth defendant) Representation: Counsel: D Higgs SC with T Boyd (plaintiff); K P Rewell SC (First and second defendant); M Fordham SC with H Chiu (third defendant); R S Sheldon SC with P M Knowles (fourth defendant); G Smith (fifth defendant) Solicitors: Kheir Lawyers (plaintiff); McInnes Wilson Lawyers (first, second and fifth defendants) Hicksons Lawyers (third defendant); Mills Oakley, Lawyers (fourth defendant); File Number(s): 2011/52630