KC & Ors v Shiley Inc & Anor [1997] FCA 977

KC & Ors v Shiley Inc & Anor [1997] FCA 977

It is premature to reject evidence as irrelevant if it can be reasonably argued that it may give rise to an inference supporting the applicants' case, so the challenged paragraphs will not be rejected as a group at this stage.

Jurisdiction
Australia
Judgment Date
01 September 1997
Procedural Posture
Evidentiary Ruling (on Admissibility of Statement Paragraphs)
Outcome
Application to reject paragraphs 48 to 69 of the statement as a group is refused.
Legal Topics
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Case Brief

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Procedural Posture

Evidentiary Ruling (on Admissibility of Statement Paragraphs)

Legal Issues

  1. 1 ["Whether paragraphs 48 to 69 of Mr Harvey Hilman's statement should be rejected as irrelevant evidence"]

Ratio Decidendi

It is premature to reject evidence as irrelevant if it can be reasonably argued that it may give rise to an inference supporting the applicants' case, so the challenged paragraphs will not be rejected as a group at this stage.

Court Disposition

Application to reject paragraphs 48 to 69 of the statement as a group is refused.

Orders

  • ["Paragraphs 48 to 69 of Mr Harvey Hilman's statement will not be rejected in globo; each paragraph will be dealt with specifically."]