Leichhardt Council v Geitonia Pty Ltd (No 4) [2015] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: Leichhardt Council v Geitonia Pty Ltd (No 4) [2015] NSWLEC 32 Hearing dates: 4 March 2015 Date of orders: 04 March 2015 Decision date: 04 March 2015 Jurisdiction: Class 5 Before: Biscoe J Decision: Prosecutor's application under Evidence Act 1995 s 38(1)(a) for leave to cross-examine his own witness dismissed. Catchwords: EVIDENCE – before reading affidavit evidence in chief from his own witness, prosecutor applies for leave to cross-examine the witness under s 38(1)(a) Evidence Act 1995 and for directions under s 38(4) and (5) that any cross-examination by the defendants occur first, followed by cross-examination by the prosecutor, followed by any cross-examination by the defendants arising from prosecutor's cross-examination – application made in respect of anticipated unfavourable evidence that would be given if defendants cross-examined the witness – no power in Court under s 38(1)(a) to grant leave to cross-examine until unfavourable evidence given – therefore application premature. Legislation Cited: Evidence Act 1995 s 38 Category: Procedural and other rulings Parties: 50795 of 2013 Leichhardt Council (Prosecutor) Geitonia Pty Limited (Defendant)

50796 of 2013 Leichhardt Council (Prosecutor) GRC Projects Pty Ltd 135 672 294 (in liq) (Defendant)

50798 of 2013 Leichhardt Council (Prosecutor) Bill Gertos (Defendant) Representation: COUNSEL: 50795 and 50798 of 2013 D A Buchanan SC and A C Hemmings (Prosecutor) G Thomas (Defendant) 50796 of 2013 D A Buchanan SC and A C Hemmings (Prosecutor) N/A(Defendant)