Jetobee Pty Ltd (in liquidation) v Smith & Young Pty Ltd (No 2) [2015] NSWSC 1522

Jetobee Pty Ltd (in liquidation) v Smith & Young Pty Ltd (No 2) [2015] NSWSC 1522

The alleged concessions by Mr Young about misrepresenting his asset position to the Family Court and acting dishonestly towards a bank were relatively recent and relevant to assessing his credibility in circumstances where he was alleged to have concocted evidence of an agreement between related companies he controlled. The evidence could substantially affect the assessment of his credibility, so the s 103 exception was established.

Jurisdiction
Australia
Judgment Date
07 October 2015
Procedural Posture
Procedural and Other Ruling / Objection During Cross Examination
Outcome
Objection overruled.
Legal Topics
['credibility Rule' 'exception to Credibility Rule' 'cross Examination' 'witness Credibility']
['evidence' 'civil Procedure'] ['credibility Rule' 'exception to Credibility Rule' 'cross Examination' 'witness Credibility']

Case Brief

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Procedural Posture

Procedural and Other Ruling / Objection During Cross Examination

Legal Issues

  1. 1 ['Whether questioning about evidence given by Mr Young in earlier proceedings was excluded by the credibility rule.' 'Whether the exception in s 103 of the Evidence Act 1995 was made out because the material could substantially affect the assessment of the credibility of the witness.']

Ratio Decidendi

The alleged concessions by Mr Young about misrepresenting his asset position to the Family Court and acting dishonestly towards a bank were relatively recent and relevant to assessing his credibility in circumstances where he was alleged to have concocted evidence of an agreement between related companies he controlled. The evidence could substantially affect the assessment of his credibility, so the s 103 exception was established.

Court Disposition

Objection overruled.

Orders

  • ['Objection overruled.' 'Questioning consistent with this judgment will be allowed.']