NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: DEF v Trappett [2016] NSWSC 1387 Hearing dates: 27 September 2016 Decision date: 27 September 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse the fifth defendant's application for a direction under s 7(1) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) to give his evidence by audio visual link
(2) Order the fifth defendant to pay the plaintiff's costs of the application. Catchwords: EVIDENCE – application by fifth defendant for evidence to be given by audio visual link – application opposed by plaintiff – consideration of factors in s 7 of Evidence (Audio and Audio Visual Links) Act 1998 – likely that fifth defendant will be cross-examined on credit – application refused Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 7 Cases Cited: ASIC v Rich [2004] NSWSC 467 Category: Procedural and other rulings Parties: DEF (Plaintiff) Scott Trappett (First Defendant) Dan-Phuong Nguyen (Second Defendant) Mark Eustance (Third Defendant) Hon John Dunford QC (Fourth Defendant) GHI (Fifth Defendant) Representation: Counsel: W Muddle SC/M McAuley (Plaintiff) T Boyle (Third Defendant) D O'Brien (Fifth Defendant)
Solicitors: McAuley Hawach Lawyers (Plaintiff) Unsworth Legal (Third Defendant) Mullins Lawyers (Fifth Defendant) File Number(s): 2014/374692
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