Martin Terry v Huge Lights Pty Limited and Others [2005] NSWIRComm 448

Martin Terry v Huge Lights Pty Limited and Others [2005] NSWIRComm 448

The s 67 notices had to be set aside because they were not confined to first hand hearsay, did not comply with clause 4 of the Evidence Regulation 2005, and the respondents failed to meet the onus of establishing an evidentiary basis that the witnesses were unavailable or that calling them would involve undue expense, undue delay, or would not be reasonably practicable.

Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Notice of Motion Seeking Orders to Set Aside Notices Pursuant to S 67 of the Evidence Act 1995
Outcome
Motion granted; s 67 notices set aside; respondents ordered to pay the applicant's costs of the motion forthwith.
Legal Topics
['hearsay' 'notices of Previous Representations' 'first Hand Hearsay' 'costs']
['industrial Relations' 'evidence' 'practice and Procedure'] ['hearsay' 'notices of Previous Representations' 'first Hand Hearsay' 'costs']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Notice of Motion Seeking Orders to Set Aside Notices Pursuant to S 67 of the Evidence Act 1995

Legal Issues

  1. 1 ["Whether the respondents' notices under s 67 of the Evidence Act 1995 should be set aside." 'Whether the notices complied with clause 4 of the Evidence Regulation 2005.' 'Whether the respondents established an evidentiary basis that witnesses were not available, or that calling them would cause undue expense, undue delay, or would not be reasonably practicable under ss 63 and 64 of the Evidence Act 1995.' 'Whether costs of the motion should be payable forthwith.']

Ratio Decidendi

The s 67 notices had to be set aside because they were not confined to first hand hearsay, did not comply with clause 4 of the Evidence Regulation 2005, and the respondents failed to meet the onus of establishing an evidentiary basis that the witnesses were unavailable or that calling them would involve undue expense, undue delay, or would not be reasonably practicable.

Court Disposition

Motion granted; s 67 notices set aside; respondents ordered to pay the applicant's costs of the motion forthwith.

Orders

  • ['The notices be set aside.' "The respondents pay the applicant's costs of the motion as agreed or assessed." 'The costs are payable forthwith.']