Palmer v McGowan (No 4) [2022] FCA 292

Leave to re-examine Mr Quigley should be granted despite discharge, but the affidavit seeking to correct cross-examination evidence should not be received, and any issue of leave to adduce further oral evidence should be determined during re-examination if specific questions require it.

Jurisdiction: Australia
Judgment Date: 28 March 2022
Procedural Posture: Application and Cross Claim / Interlocutory Decision Regarding Re Examination of a Witness
Outcome: Leave granted to respondent to re-examine witness after discharge; proposed affidavit not received; determination of leave to adduce further oral evidence deferred to re-examination.
Legal Topics: ['re Examination of Witnesses' 'limits on Re Examination' 'adducing Further Evidence After Witness Excusal']

['evidence Law'] ['re Examination of Witnesses' 'limits on Re Examination' 'adducing Further Evidence After Witness Excusal']

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Procedural Posture

Application and Cross Claim / Interlocutory Decision Regarding Re Examination of a Witness

Legal Issues

1 ['Whether leave should be granted to re-examine a witness after discharge' 'Whether an affidavit correcting cross-examination evidence should be admitted' 'Limits of re-examination under Evidence Act 1995 (Cth) s 39' 'Procedure for adducing further oral evidence in re-examination']

Ratio Decidendi

Court Disposition

Leave granted to respondent to re-examine witness after discharge; proposed affidavit not received; determination of leave to adduce further oral evidence deferred to re-examination.

Orders

['The respondent have leave to re-examine Mr John Robert Quigley, notwithstanding he was excused as a witness on 9 March 2022.']