BROOKES v ANZ BANKING GROUP LIMITED [1996] NSWCA 69

BROOKES v ANZ BANKING GROUP LIMITED [1996] NSWCA 69

The Court permits forensic examination of the questioned diary note on strict terms, given the applicant's allegation of alteration and the relevance of the document to prior proceedings.

Parties
Applicants: Mr and Mrs Brookes; Respondent: ANZ Banking Group Limited; Other: Mr McCormack; Other: Detective McCann; Other: Mr and Mrs Marshall
Jurisdiction
Australia
Judgment Date
11 March 1996
Procedural Posture
Notice of Motion / Application for Forensic Examination; Interlocutory
Outcome
matter adjourned; leave granted to seek forensic examination upon filing appropriate affidavit
Legal Topics
Forensic Examination of Documents, Allegation of Document Alteration, Post Settlement Procedural Application
Banking Law Civil Procedure Forensic Examination of Documents Allegation of Document Alteration Post Settlement Procedural Application

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Parties

Mr and Mrs Brookes

Applicants

ANZ Banking Group Limited

Respondent

Mr McCormack

Other

Detective McCann

Other

Mr and Mrs Marshall

Other

Procedural Posture

Notice of Motion / Application for Forensic Examination; Interlocutory

Legal Issues

  1. 1 Whether leave should be granted for forensic examination of diary notes alleged to be altered
  2. 2 Whether alleged falsity of documentary evidence affected previous settlement and findings

Ratio Decidendi

The Court permits forensic examination of the questioned diary note on strict terms, given the applicant's allegation of alteration and the relevance of the document to prior proceedings.

Court Disposition

matter adjourned; leave granted to seek forensic examination upon filing appropriate affidavit

Orders

  • Matter adjourned to 19 April, 1996 to allow filing of affidavit as to nature of forensic examination.
  • Affidavit detailing testing process and safeguards to be filed by 12 April, 1996.