Moutia Elzahed & Anors v Commonwealth of Australia and State of NSW [2016] NSWDC 327

Moutia Elzahed & Anors v Commonwealth of Australia and State of NSW [2016] NSWDC 327

Given the necessity to resolve conflicts in evidence by determining whose evidence to prefer, the judge cannot be deprived of the opportunity to see the plaintiff’s face in order to assess reliability and credibility. Therefore, the first plaintiff may only give evidence with her face uncovered.

Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Civil / Interlocutory Ruling on Procedural Matter (evidence Giving With Face Covering)
Outcome
Application denied; first plaintiff not permitted to give evidence with face covered.
Legal Topics
['practice and Procedure Giving of Evidence' 'face Covering Niqab' 'witness Credibility Assessment']
['civil Procedure'] ['practice and Procedure Giving of Evidence' 'face Covering Niqab' 'witness Credibility Assessment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Ruling on Procedural Matter (evidence Giving With Face Covering)

Legal Issues

  1. 1 ['Whether the first plaintiff may give evidence with her face covered by a niqab']

Ratio Decidendi

Given the necessity to resolve conflicts in evidence by determining whose evidence to prefer, the judge cannot be deprived of the opportunity to see the plaintiff’s face in order to assess reliability and credibility. Therefore, the first plaintiff may only give evidence with her face uncovered.

Court Disposition

Application denied; first plaintiff not permitted to give evidence with face covered.

Orders

  • ['I decline to permit the first plaintiff to give evidence with her face covered.']