Chaina v Presbyterian Church (NSW) Property Trust (No. 21) [2013] NSWSC 1703
Mrs Chaina's cross-examination about the alleged drop in Ecolab sales made paragraphs 59 to 61 of Mr Dunbar's report relevant, at least to his credit, because the Plaintiffs contended that the sales decrease undermined his earlier evidence about sales staff levels. The paragraphs were therefore readmitted into evidence.
- Jurisdiction
- Australia
- Judgment Date
- 11 November 2013
- Procedural Posture
- Interlocutory Applications / Admissibility of Evidence During Cross Examination
- Outcome
- Paragraphs 59 to 61 of Mr Dunbar's report of 20 December 2012 are now admitted into evidence.
- Legal Topics
- ['admissibility' 'relevance' 'rejected Evidence' 'cross Examination' 'credit']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Applications / Admissibility of Evidence During Cross Examination
Legal Issues
- 1 ["Whether paragraphs 59 to 61 of Mr Dunbar's report of 20 December 2012, previously excluded as irrelevant, should be admitted after cross-examination made them relevant."]
Ratio Decidendi
Mrs Chaina's cross-examination about the alleged drop in Ecolab sales made paragraphs 59 to 61 of Mr Dunbar's report relevant, at least to his credit, because the Plaintiffs contended that the sales decrease undermined his earlier evidence about sales staff levels. The paragraphs were therefore readmitted into evidence.
Court Disposition
Paragraphs 59 to 61 of Mr Dunbar's report of 20 December 2012 are now admitted into evidence.
Orders
- ["Paragraphs 59 to 61 of Mr Dunbar's report of 20 December 2012 are now admitted into evidence."]
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