Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 7) [2015] NSWSC 1186

Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 7) [2015] NSWSC 1186

The question was allowed because Mr McKinnon's credit was likely to be a live issue, the question was relevant to matters including causation and the competence of SCD to perform the work within the relevant regulatory scheme, and it was fair as an introductory question before anticipated cross-examination about...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 August 2015
Procedural Posture
Civil Proceeding / Procedural Ruling on Admissibility of Question Asked in Cross Examination
Outcome
Question allowed
Legal Topics
['admissibility of Cross Examination Question' 'relevance' 'fairness' 'credit' 'prior Inconsistent Statements']
['procedure' 'evidence'] ['admissibility of Cross Examination Question' 'relevance' 'fairness' 'credit' 'prior Inconsistent Statements']

Source-derived case record

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Procedural Posture

Civil Proceeding / Procedural Ruling on Admissibility of Question Asked in Cross Examination

Legal Issues

  1. 1 ["Whether a question asked in cross-examination about Mr McKinnon's belief was relevant." 'Whether the question was unfair because it did not adequately identify the occasion of an alleged inconsistent statement.' "Whether counsel was entitled to test Mr McKinnon's credit by reference to anticipated prior inconsistent statements."]

Ratio Decidendi

The question was allowed because Mr McKinnon's credit was likely to be a live issue, the question was relevant to matters including causation and the competence of SCD to perform the work within the relevant regulatory scheme, and it was fair as an introductory question before anticipated cross-examination about prior inconsistent statements.

Court Disposition

Question allowed

Orders

  • ['Question allowed']