Kaplan v State of Victoria (No 6) [2022] FCA 1048

Kaplan v State of Victoria (No 6) [2022] FCA 1048

The proposed evidence of Cooper Andronaco was not responsive to Ms McMahon's evidence; it had only a tangential and accidental connection to her evidence and substantially went to topics already covered by many other student witnesses. Because the applicants had closed their lay witness case and were seeking opportunistically to add another student witness on well canvassed factual issues, leave was refused.

Jurisdiction
Australia
Judgment Date
07 September 2022
Procedural Posture
Interlocutory Application for Leave to Call a Further Lay Witness / Part Heard Proceeding; Determined on the Papers
Outcome
Application refused.
Legal Topics
['application to Call Further Witness' 'responsive Evidence' 'late Evidence in Part Heard Trial' 'forensic Decisions After Closing Lay Witness Case']
['evidence' 'civil Procedure'] ['application to Call Further Witness' 'responsive Evidence' 'late Evidence in Part Heard Trial' 'forensic Decisions After Closing Lay Witness Case']

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Procedural Posture

Interlocutory Application for Leave to Call a Further Lay Witness / Part Heard Proceeding; Determined on the Papers

Legal Issues

  1. 1 ['Whether the applicants should be granted leave to call Cooper Andronaco as a further lay witness after confirming that their lay witness case had closed.' 'Whether the proposed evidence was responsive to new oral evidence and documents concerning swastika graffiti given by Rebecca McMahon.']

Ratio Decidendi

The proposed evidence of Cooper Andronaco was not responsive to Ms McMahon's evidence; it had only a tangential and accidental connection to her evidence and substantially went to topics already covered by many other student witnesses. Because the applicants had closed their lay witness case and were seeking opportunistically to add another student witness on well canvassed factual issues, leave was refused.

Court Disposition

Application refused.

Orders

  • ['The application to call Cooper Andronaco as a witness in this proceeding on behalf of the applicants is refused.']