Ollis v Melissari [2005] NSWSC 1016

Ollis v Melissari [2005] NSWSC 1016

The Court had power to give a certificate under section 128 Evidence Act 1995 for evidence in re-examination on the same topics already covered by the certificate. The witness's earlier objection to giving evidence on those topics extended to legitimate re-examination by his own counsel, and the broad construction was supported by the language and policy of section 128 and by considerations of procedural fairness.

Jurisdiction
Australia
Judgment Date
05 October 2005
Procedural Posture
Equity Proceeding / Trial Ruling on Whether a Certificate Under Section 128 Evidence Act 1995 Can Be Given for Evidence in Re Examination
Outcome
Certificate given
Legal Topics
['privilege Against Self Incrimination' 'section 128 Certificates' 're Examination' 'civil Trial Procedure']
['evidence' 'procedure'] ['privilege Against Self Incrimination' 'section 128 Certificates' 're Examination' 'civil Trial Procedure']

Case Brief

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Procedural Posture

Equity Proceeding / Trial Ruling on Whether a Certificate Under Section 128 Evidence Act 1995 Can Be Given for Evidence in Re Examination

Legal Issues

  1. 1 ['Whether the Court has power to grant a certificate under section 128 Evidence Act 1995 in relation to questions asked in re-examination of a witness by the counsel who called the witness.' 'Whether the expression "if a witness objects to giving particular evidence" in section 128(1) is confined to objection to individual questions or can extend to unwillingness to give evidence on particular topics.']

Ratio Decidendi

The Court had power to give a certificate under section 128 Evidence Act 1995 for evidence in re-examination on the same topics already covered by the certificate. The witness's earlier objection to giving evidence on those topics extended to legitimate re-examination by his own counsel, and the broad construction was supported by the language and policy of section 128 and by considerations of procedural fairness.

Court Disposition

Certificate given

Orders

  • ['A certificate under section 128 Evidence Act 1995 was given in relation to the questions in re-examination.']