44Taking evidence outside New South Wales

#### 44 Taking evidence outside New South Wales 44 Taking evidence outside New South Wales > > (1) For the purposes of clause 42, a plaintiff may give evidence on oath before a mediator outside New South Wales, but only if— > > > > > (a) the plaintiff is the subject of a medical practitioner’s certificate under clause 39(3) to the effect that the plaintiff is not fit to be present at a mediation session, and > > > > > (b) the defendant on whose application the plaintiff is required to give evidence requests that the plaintiff’s evidence be so given, and > > > > > (c) the mediator is satisfied that it is appropriate in all of the circumstances for the plaintiff’s evidence to be so given. > > > (2) Without limiting clause 42(10), a defendant at whose request evidence is given by the plaintiff under this clause is liable for the costs incurred by the mediator and the plaintiff’s legal representatives in travelling to the place at which the evidence is to be given. If more than one defendant makes the request, the defendants are liable in equal shares for those costs.