Gin and Hing (No 3)

This matter concerned an application by Mr Gin for a certificate under section 128 of the *Evidence Act 1995* (Cth) before the Federal Court of Australia. The precise nature of the dispute between Mr Gin and Ms Hing is not detailed in the provided text, but the application for the certificate suggests it relates to the admissibility of evidence that might otherwise be privileged or self-incriminatory.

The primary legal issue before Justice Wilson was whether Mr Gin was entitled to a section 128 certificate at that stage of the proceedings. Section 128 of the *Evidence Act* provides a mechanism for a witness to give evidence that might otherwise be inadmissible due to privilege or self-incrimination, by obtaining a certificate from the court. The court was required to determine if the conditions for granting such a certificate had been met.

Justice Wilson refused Mr Gin's application for a section 128 certificate at that time. However, the court granted Mr Gin leave to apply for such a certificate at the conclusion of his evidence. This indicates that while the court was not satisfied that the requirements for an immediate certificate were met, it acknowledged the possibility of granting one later in the proceedings, contingent upon the evidence Mr Gin would give.