Hadid, Albert v Lenfest Communications Inc & Ors [1998] FCA 902

Hadid, Albert v Lenfest Communications Inc & Ors [1998] FCA 902

The evidence relating to the franchising arrangements, ownership and benefit from licence-related companies, and the question objected to in cross-examination, is not relevant to pleaded breaches of duty or the calculation of damages, nor to the alleged conspiracy as formulated in the statement of claim, and therefore is inadmissible.

Jurisdiction
Australia
Judgment Date
23 July 1998
Procedural Posture
Commercial Dispute / Evidentiary Ruling During Trial
Outcome
Objection upheld; evidence excluded.
Legal Topics
['breach of Duty' 'account of Profits' 'conspiracy' 'damages' 'acquiescence and Delay' 'relevance of Evidence']

Case Brief

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Procedural Posture

Commercial Dispute / Evidentiary Ruling During Trial

  1. 1 ["Whether evidence relating to the formation, ownership, and franchising arrangements of Licence A and related companies is relevant to pleaded breaches of duty or damages in the applicant's claim" 'Whether evidence sought is relevant to the alleged conspiracy, account of profits, defence of acquiescence and delay, or calculation of damages']

Ratio Decidendi

The evidence relating to the franchising arrangements, ownership and benefit from licence-related companies, and the question objected to in cross-examination, is not relevant to pleaded breaches of duty or the calculation of damages, nor to the alleged conspiracy as formulated in the statement of claim, and therefore is inadmissible.

Court Disposition

Objection upheld; evidence excluded.

Orders

  • ['The particular question objected to in cross-examination is not permitted; evidence sought by this line of cross-examination is excluded.']