Commonwealth Bank v Iinvest (No 5) [2017] NSWSC 438

Commonwealth Bank v Iinvest (No 5) [2017] NSWSC 438

Leading questions should be disallowed in cross-examination of a party's instructing solicitor due to the solicitor's interest consistent with the party and to preserve the appearance of impartiality, in accordance with s 42 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
06 February 2017
Procedural Posture
Civil Procedure / Voir Dire on Admissibility of Supplementary Expert Report and Cross Examination Procedure
Outcome
Application to disallow leading questions in cross-examination granted.
Legal Topics
['cross Examination' 'leading Questions' 'admissibility of Expert Evidence']
['civil Procedure' 'evidence'] ['cross Examination' 'leading Questions' 'admissibility of Expert Evidence']

Case Brief

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Procedural Posture

Civil Procedure / Voir Dire on Admissibility of Supplementary Expert Report and Cross Examination Procedure

Legal Issues

  1. 1 ["Whether leading questions are permitted in cross-examination of a party's instructing solicitor" 'Whether the second report by Mr Firth is a supplementary report and admissible']

Ratio Decidendi

Leading questions should be disallowed in cross-examination of a party's instructing solicitor due to the solicitor's interest consistent with the party and to preserve the appearance of impartiality, in accordance with s 42 of the Evidence Act 1995 (NSW).

Court Disposition

Application to disallow leading questions in cross-examination granted.

Orders

  • ['Counsel directed to ask questions of Mr Storie in cross-examination in a non-leading fashion.']