Turco v HP Mercantile Pty Ltd; Marinelli v HP Mercantile Pty Ltd; Turco v HP Mercantile Pty Ltd (No 2)

The applicants, Turco and Marinelli, appealed to the Court of Appeal of New South Wales against decisions of the primary judge concerning their liability to HP Mercantile Pty Ltd. The dispute involved claims by HP Mercantile against the applicants, and the appeals concerned the admission of fresh evidence and the privilege against self-incrimination.

The Court of Appeal was required to determine whether the applicants had satisfied the requirements for admitting fresh evidence on appeal, specifically concerning its credibility and the probability of a different outcome. Additionally, the Court had to consider whether it should direct a witness to give evidence despite an objection based on the privilege against self-incrimination, and whether the interests of justice warranted such a direction.

The Court dismissed the application to rely on fresh evidence, finding that the requirements for its admission were not met. In relation to the privilege against self-incrimination, the Court considered the balance of interests and ultimately determined that the appeals and applications for leave to appeal should be dismissed. The applicants were ordered to be jointly and severally liable for the costs of the appeals and applications.