HARTNETT v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF WILCANNIA-FORBES (No 2) [2024] NSWSC 98

HARTNETT v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF WILCANNIA-FORBES (No 2) [2024] NSWSC 98

Mr Haimes' evidence has significant probative value and is admissible to prove tendency, as it could rationally affect the probability that Sister Green disciplined students with a wooden implement; remoteness does not make prejudice unfair, and discretion to exclude the evidence has not been exercised.

Parties
Plaintiff: Albert John Hartnett; First Defendant: Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes; Second Defendant: Trustee of the Marist Brothers; Third Defendant: Mercy Support Limited
Jurisdiction
Australia
Judgment Date
08 February 2024
Procedural Posture
Procedural Ruling / Objection to Oral Evidence (tendency Evidence)
Outcome
Objection to evidence overruled; evidence admitted
Legal Topics
Tendency Evidence, Probative Value, Unfair Prejudice, Limitation Periods
Evidence Law Limitation Law Tendency Evidence Probative Value Unfair Prejudice Limitation Periods

Case Brief

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Parties

Albert John Hartnett

Plaintiff

Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes

First Defendant

Trustee of the Marist Brothers

Second Defendant

Mercy Support Limited

Third Defendant

Procedural Posture

Procedural Ruling / Objection to Oral Evidence (tendency Evidence)

Legal Issues

  1. 1 Admissibility of tendency evidence under s 97 Evidence Act 1995 (NSW)
  2. 2 Whether probative value of evidence is substantially outweighed by unfair prejudice under s 135 Evidence Act 1995 (NSW)

Ratio Decidendi

Mr Haimes' evidence has significant probative value and is admissible to prove tendency, as it could rationally affect the probability that Sister Green disciplined students with a wooden implement; remoteness does not make prejudice unfair, and discretion to exclude the evidence has not been exercised.

Court Disposition

Objection to evidence overruled; evidence admitted

Orders

  • Reject the defendants' objection to Mr Martin Gregory Haimes' giving of oral evidence