NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Anthony Glohe v Nicholas Simington [2016] NSWDC 127 Hearing dates: 23 - 27 November 2015; 30 May 2016 Date of orders: 30 May 2016 Decision date: 30 May 2016 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: MFI 12 is admitted into evidence and the limitations on exhibit 1 under s 136 of the Evidence Act are removed. Catchwords: TORTS - Negligence - Road accident cases – Liability of drivers of vehicles – Failure to look-out – Pedestrian accidents; EVIDENCE – Admissibility – Hearsay – Exception: documents – General principles – Matters relating to maker of statement – Attendance and calling – Whether maker "available" – Whether inability to cross-examine maker is unfair prejudice under s135 Evidence Act Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Fulham Partners LLC v National Australia Bank Limited [2013] NSWCA 296 Leybourne v Permanent Custodians Limited [2010] NSWCA 78 Papakosmas v The Queen [1999] HCA 37; 186 CLR 297 R v Clark [2001] NSWCCA 494; 123 A Crim R 406 Seven Network Limited v News Limited (No 8) [2005] FCA 1348 Category: Procedural and other rulings Parties: Anthony Glohe (Plaintiff) Nicholas Simington (Defendant) Representation: Counsel: Mr D Toomey SC with Mr D Woodbury (Plaintiff) Mr P Ryan (Defendant)
Solicitors: Toby Tancred Solicitor (Plaintiff) Moray & Agnew (Newcastle) (Defendant) File Number(s): 2014/239297 Publication restriction: None
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