Klewer v. Walton [2003] NSWCA 308

Klewer v. Walton [2003] NSWCA 308

There was no inconsistency between the witness's oral evidence and prior statement sufficient to invoke Evidence Act 1995 s.38(1)(c); thus the refusal to permit cross-examination was not an error of law. Additionally, even if cross-examination occurred, there was no reasonable prospect of a different result, so the appeal has no prospects and must be dismissed.

Parties
Claimant: Lucy Klewer; Opponent: Ian Walton
Jurisdiction
Australia
Judgment Date
14 October 2003
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Adjournments, Unrepresented Litigants, Cross Examination, Hearsay
Procedure Evidence Adjournments Unrepresented Litigants Cross Examination Hearsay

Case Brief

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Parties

Lucy Klewer

Claimant

Ian Walton

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether failure to grant adjournment to unrepresented litigant was appropriate
  2. 2 Whether refusal to permit cross-examination of a witness called by the claimant was an error of law under Evidence Act 1995 s.38(1)(c) and s.192

Ratio Decidendi

There was no inconsistency between the witness's oral evidence and prior statement sufficient to invoke Evidence Act 1995 s.38(1)(c); thus the refusal to permit cross-examination was not an error of law. Additionally, even if cross-examination occurred, there was no reasonable prospect of a different result, so the appeal has no prospects and must be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • Application for leave to appeal dismissed with costs