12 Sept 2006
The application was refused because the defence failed to give prior notice or include the tape in trial bundles, permitting its use and further examination of DW1 at that stage would be procedurally unfair, and no implied reservation to further examine DW1 was established.
2 Mar 2006
The appeal was dismissed and the Master's order upheld: liquidators must provide additional documents in advance to the examinee and his lawyers, but any application to confer with counsel or for time to consult is a matter for the Master to grant in the exercise of his discretion having regard to the volume, age and purpose of the documents and the need to avoid coaching or unfair advantage.
20 Jun 2005
The examinee's unreasonable refusal to attend a voluntary interview necessitated the court-ordered section 221 examination; therefore, on the facts, the examinee must pay the liquidators' legal costs of the examination, to be taxed if not agreed.
13 Sept 2001
While judicial intervention to clarify evidence is permissible, the magistrate's repeated and expansive interventions in examination of the first two prosecution witnesses resulted in him assuming the principal role in eliciting prosecution evidence; an informed bystander would conclude the magistrate had entered the arena and the appellant did not receive a fair trial, warranting quashing of the conviction.