Ample Source International Ltd v Bonython Metals Group Pty Ltd; In the Matter of Bonython Metals Group Pty Limited (No 4) [2011] FCA 836

Ample Source International Ltd v Bonython Metals Group Pty Ltd; In the Matter of Bonython Metals Group Pty Limited (No 4) [2011] FCA 836

The judge excluded the provisional evidence from re-examination on the grounds of prejudice to the defendants and the importance of efficient trial management and forensic decisions based on previous answers.

Jurisdiction
Australia
Judgment Date
21 July 2011
Procedural Posture
Evidence Objection in General Division Proceeding / Interlocutory Determination
Outcome
Evidence provisionally given in re-examination is rejected and excluded from the case.
Legal Topics
['admissibility' 're Examination' 'judicial Discretion' 'prejudice' 'forensic Decisions']
['evidence'] ['admissibility' 're Examination' 'judicial Discretion' 'prejudice' 'forensic Decisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Evidence Objection in General Division Proceeding / Interlocutory Determination

Legal Issues

  1. 1 ['Should the provisional evidence given in re-examination by Ms Lau be admitted into evidence?' 'Does allowing the evidence create prejudice due to forensic decisions of the opposing counsel?']

Ratio Decidendi

The judge excluded the provisional evidence from re-examination on the grounds of prejudice to the defendants and the importance of efficient trial management and forensic decisions based on previous answers.

Court Disposition

Evidence provisionally given in re-examination is rejected and excluded from the case.

Orders

  • ['The evidence from page 361 line 36 to page 364 line 38 of the transcript is rejected.']