Sherman, David v Peabody Coal Ltd [1998] FCA 141

Sherman, David v Peabody Coal Ltd [1998] FCA 141

Although there were similarities between the January 1995 incident and later incidents, the differences concerning Reverend Richer's status as a chaplain, how he obtained the information, and the nature of the information meant that the January 1995 evidence did not have significant probative value in relation to later workplace incidents more than 12 months later.

Jurisdiction
Australia
Judgment Date
27 February 1998
Procedural Posture
Ruling on Admissibility of Evidence / Hearing
Outcome
Tender of Reverend Richer's evidence rejected.
Legal Topics
['tendency Evidence' 'admissibility of Evidence' 'significant Probative Value']
['evidence Law'] ['tendency Evidence' 'admissibility of Evidence' 'significant Probative Value']

Case Brief

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Procedural Posture

Ruling on Admissibility of Evidence / Hearing

Legal Issues

  1. 1 ['Whether the evidence of Reverend Richer concerning events on 15 January 1995 was admissible as tendency evidence under s 97 of the Evidence Act 1995 (Cth).']

Ratio Decidendi

Although there were similarities between the January 1995 incident and later incidents, the differences concerning Reverend Richer's status as a chaplain, how he obtained the information, and the nature of the information meant that the January 1995 evidence did not have significant probative value in relation to later workplace incidents more than 12 months later.

Court Disposition

Tender of Reverend Richer's evidence rejected.

Orders

  • ["The tender of Reverend Richer's evidence is rejected."]