Callaghan, B. & Ors v Federated Clerks Union of Australia & Ors [1987] FCA 304

Callaghan, B. & Ors v Federated Clerks Union of Australia & Ors [1987] FCA 304

The court has the discretionary power to recall a witness who has already been called in order to do justice between the parties, particularly where issues arise from evidence given after the initial evidence of the witness.

Parties
Applicants: Bernadette Callaghan & Others; Respondents: Federated Clerks Union of Australia and Others
Jurisdiction
Australia
Judgment Date
26 March 1987
Procedural Posture
Civil / Trial
Outcome
Application to recall witness granted
Legal Topics
Recall of Witness, Court's Power to Recall Witness, Discretion to Recall Witness
Evidence Recall of Witness Court's Power to Recall Witness Discretion to Recall Witness

Case Brief

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Parties

Bernadette Callaghan & Others

Applicants

Federated Clerks Union of Australia and Others

Respondents

Procedural Posture

Civil / Trial

Legal Issues

  1. 1 Whether the court has power to recall a witness who has already been called

Ratio Decidendi

The court has the discretionary power to recall a witness who has already been called in order to do justice between the parties, particularly where issues arise from evidence given after the initial evidence of the witness.

Court Disposition

Application to recall witness granted

Orders

  • Ms. Callaghan be recalled for further cross-examination