Chaina v Presbyterian Church (NSW) Property Trust (No. 21) [2013] NSWSC 1703

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

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Procedural Posture

Interlocutory Applications / Admissibility of Evidence During Cross Examination

  1. 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."]