Plaintiff A & B v Bird; Plaintiff C v Bird [2016] NSWSC 997

Supreme Court New South Wales

Medium Neutral Citation: Plaintiff A & B v Bird; Plaintiff C v Bird [2016] NSWSC 997 Hearing dates: 6 and 7 October 2015 Date of orders: 25 July 2016 Decision date: 25 July 2016 Jurisdiction: Common Law Before: RS Hulme AJ Decision: Applications refused - I order the Plaintiffs pay the Defendant's costs of the applications providing however the Plaintiffs may within 7 days' notice to my Associate apply to discharge this order Catchwords: Evidence Act s192A – hearsay evidence of children – tendency and coincidence Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Evidence Act 1995 (NSW) Cases Cited: TKWJ v The Queen [2002[ HCA 46; 212 CLR 124 Lambert Leasing Inc v QBE Insurance Australia Ltd [2012] NSWSC 953 Beslic v MLC Ltd [2015] NSWSC 908 Maloof v Uncle's Joint Pty Ltd [2015] NSWSC 389 Sisson v Baiada Poultry Pty Ltd [2015] NSWSC1106 Category: Procedural and other rulings Parties: Plaintiff A & B (Plaintiff) Plaintiff C (Plaintiff) Rodney Raymond Bird (First Defendant) Lisa Maree Clancy (Second Defendant) Little Pigeon Pty Ltd trading as Footprints Childcare Centre (Third Defendant) Representation: Counsel: E Romaniuk SC with Ms M Kumar and Ms N Oreb (Plaintiff) DR Toomey SC with SJ Holmes (First Defendant) Ms PA Horvath with PR Gaffney (Second and Third Defendants)