Feltafield Pty Ltd & Ors v Heildelberg Graphic Equipment [1995] FCA 262

Feltafield Pty Ltd & Ors v Heildelberg Graphic Equipment [1995] FCA 262

The application to exclude or ignore evidence elicited in cross-examination, which went beyond the damages particulars, was rejected. Since the evidence in question emerged from cross-examination and the court held particulars do not override the evidence that emerges in trial (including that elicited by the respondent), the applicants may rely on such evidence to support their claim, and the respondent cannot have the evidence disregarded.

Jurisdiction
Australia
Judgment Date
24 March 1995
Procedural Posture
Application/ruling Within Proceeding / Mid Trial/interlocutory Ruling (application to Exclude Certain Evidence)
Outcome
Application rejected
Legal Topics
['particulars' 'evidence Given Outside Particulars' 'admissibility of Evidence' 'damages']
['civil Procedure' 'evidence'] ['particulars' 'evidence Given Outside Particulars' 'admissibility of Evidence' 'damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application/ruling Within Proceeding / Mid Trial/interlocutory Ruling (application to Exclude Certain Evidence)

Legal Issues

  1. 1 ['Whether evidence elicited in cross-examination that was outside particulars should be excluded or ignored' 'Whether the applicants may rely on such evidence to support their case on damages']

Ratio Decidendi

The application to exclude or ignore evidence elicited in cross-examination, which went beyond the damages particulars, was rejected. Since the evidence in question emerged from cross-examination and the court held particulars do not override the evidence that emerges in trial (including that elicited by the respondent), the applicants may rely on such evidence to support their claim, and the respondent cannot have the evidence disregarded.

Court Disposition

Application rejected

Orders

  • ['Application to exclude or disregard evidence rejected']