Commonwealth Bank v Iinvest (No 4) [2017] NSWSC 434

Commonwealth Bank v Iinvest (No 4) [2017] NSWSC 434

Background evidence concerning a party's identity and achievements, though of low relevance, is generally admissible to place the witness in context unless prejudice outweighs probative value. No significant prejudice arises here; thus, admission is permitted with specified exclusions.

Source-derived case information.

Parties
Applicant: James Harker-Mortlock; Second Applicant: J H M Pty Ltd; First Respondent: Iinvest Pty Ltd (in liquidation); Second Respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Evidentiary Ruling / Interlocutory
Outcome
Exhibit VD1 (excluding para 2, para 13, the heading at the foot of page 2, and the material appearing below it and above Mr Harker-Mortlock's signature) admitted and marked Exhibit C.
Legal Topics
Admissibility of Evidence, Relevance
Evidence Admissibility of Evidence Relevance

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Summary, issues, holding and outcome

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Parties

James Harker-Mortlock

Applicant

J H M Pty Ltd

Second Applicant

Iinvest Pty Ltd (in liquidation)

First Respondent

Commonwealth Bank of Australia

Second Respondent

Procedural Posture

Evidentiary Ruling / Interlocutory

Legal Issues

  1. 1 Whether Exhibit VD1 (with specified exclusions) should be admitted as evidence given objections as to relevance and possible prejudice in civil proceedings.

Ratio Decidendi

Background evidence concerning a party's identity and achievements, though of low relevance, is generally admissible to place the witness in context unless prejudice outweighs probative value. No significant prejudice arises here; thus, admission is permitted with specified exclusions.

Court Disposition

Exhibit VD1 (excluding para 2, para 13, the heading at the foot of page 2, and the material appearing below it and above Mr Harker-Mortlock's signature) admitted and marked Exhibit C.

Orders

  • Exhibit VD1 (excluding para 2, para 13, the heading at the foot of page 2, and the material appearing below it and above Mr Harker-Mortlock's signature) is admitted and marked 'Exhibit C'.