James Mark Waugh & Ors v TAFE NSW Western Institute & Anor [2013] NSWSC 1628

James Mark Waugh & Ors v TAFE NSW Western Institute & Anor [2013] NSWSC 1628

The statements in paragraphs 7 and 8 of Ms Piec's police statement are admissible as evidence of primary fact about the horse's behaviour, relevant to expert opinion and findings on the horse's temperament and suitability for the course. They do not impermissibly invoke the tendency rule or cause unfair prejudice to the second defendant.

Parties
Plaintiff: James Mark Waugh; Plaintiff: Juliana Waugh; Plaintiff: Jonathan Waugh; First Defendant: TAFE NSW Western Institute; Second Defendant: Glenn Alexander Manton
Jurisdiction
Australia
Judgment Date
28 October 2013
Procedural Posture
Procedural and Other Rulings / Evidentiary Ruling
Outcome
Objection to paragraph 7 overruled; paragraph 7 allowed; paragraph 8 allowed with limitation
Legal Topics
Admissibility of Witness Statement, Exclusion of Evidence, Tendency Rule
Evidence Admissibility of Witness Statement Exclusion of Evidence Tendency Rule

Case Brief

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Parties

James Mark Waugh

Plaintiff

Juliana Waugh

Plaintiff

Jonathan Waugh

Plaintiff

TAFE NSW Western Institute

First Defendant

Glenn Alexander Manton

Second Defendant

Procedural Posture

Procedural and Other Rulings / Evidentiary Ruling

Legal Issues

  1. 1 Whether paragraphs 7 and 8 of the statement of Ms Lucy Piec describing her experience of the horse 'Dargo' should be admitted or excluded under s135 Evidence Act 1995 (NSW)

Ratio Decidendi

The statements in paragraphs 7 and 8 of Ms Piec's police statement are admissible as evidence of primary fact about the horse's behaviour, relevant to expert opinion and findings on the horse's temperament and suitability for the course. They do not impermissibly invoke the tendency rule or cause unfair prejudice to the second defendant.

Court Disposition

Objection to paragraph 7 overruled; paragraph 7 allowed; paragraph 8 allowed with limitation

Orders

  • Paragraph 7 of Ms Lucy Piec’s police statement (19 September 2009) allowed into evidence
  • Paragraph 8 allowed but limited to Ms Piec’s personal experience of riding the horse on that occasion