NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Recyclers (NSW) Pty Ltd v Ayoub [2016] NSWSC 144 Hearing dates: 25 February 2016 Decision date: 26 February 2016 Jurisdiction: Equity - Expedition List Before: Stevenson J Decision: First defendant competent to give evidence Catchwords: EVIDENCE – preliminary question – whether party competent to give evidence at trial – whether party capable of understanding a question about a fact or giving an answer to such a question that can be understood – whether affidavit made by tutor on information and belief admissible at the trial Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Director of Public Prosecutions v The Queen [2007] EWHC 1842 RJ v R [2010] NSWCCA 263; 208 A Crim R 174 RA v R [2007] NSWCCA 251; 175 A Crim R 221 Category: Procedural and other rulings Parties: The Recyclers (NSW) Pty Limited (Plaintiff) Michael Ayoub by his tutor Paul Joseph Donnelly (First Defendant) Aus Wide Recycling Pty Ltd (Second Defendant) Illawarra Motor Auction Pty Ltd (Third Defendant) Milana South Coast Pty Ltd (Fourth Defendant) Representation: Counsel: M K Condon SC with K Josifoski (Plaintiff) G E McGrath SC with S Haddad (First, Third & Fourth Defendants) A J McInerney SC with D Robertson (Second Defendant)
Solicitors: Access Law Group (Plaintiff) Pelosi & Associates (First, Third & Fourth Defendants) MJF Legal Pty Ltd (Second Defendant) File Number(s): SC 2015/299325
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