David Joe v THE STAR PTY LIMITED [2022] NSWDC 362

David Joe v THE STAR PTY LIMITED [2022] NSWDC 362

Leave for re-examination was granted because the evidence about the funding of the wager by the plaintiff was raised in the plaintiff's affidavit and explored in cross-examination; challenge went to timing of the funding and to credit, thus opening the re-examination.

Parties
Plaintiff: David Joe; Defendant: The Star Pty Limited
Jurisdiction
Australia
Judgment Date
25 May 2022
Procedural Posture
Civil / Interlocutory/procedural Ruling
Outcome
Question allowed; leave to re-examine plaintiff granted.
Legal Topics
Re Examination, Objection No Notice, Leading Question
Evidence Re Examination Objection No Notice Leading Question

Case Brief

Summary, issues, holding and outcome

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Parties

David Joe

Plaintiff

The Star Pty Limited

Defendant

Procedural Posture

Civil / Interlocutory/procedural Ruling

Legal Issues

  1. 1 Whether the plaintiff may be re-examined on facts concerning money received by Mr Lie given alleged lack of notice to the defendant.
  2. 2 Whether re-examination is permissible where defendant challenged the matter during cross-examination.

Ratio Decidendi

Leave for re-examination was granted because the evidence about the funding of the wager by the plaintiff was raised in the plaintiff's affidavit and explored in cross-examination; challenge went to timing of the funding and to credit, thus opening the re-examination.

Court Disposition

Question allowed; leave to re-examine plaintiff granted.

Orders

  • Leave granted for re-examination of the plaintiff as sought by Mr Kelly SC.