Jango v Northern Territory of Australia (No 5) [2005] FCA 281

Documents were admitted or rejected based on whether the requirements of s 43 of the Evidence Act 1995 (Cth) for prior inconsistent statements were met and on the relevance and business record nature of certain diary entries; dictionary materials were admitted as publicly available and not requiring to be led through witnesses.

Parties: Applicant: Johnny Jango and Others; First Respondent: Northern Territory of Australia; Second Respondent: GPT Management Limited; Third Respondent: Commonwealth of Australia
Jurisdiction: Australia
Judgment Date: 21 March 2005
Procedural Posture: Ruling on Evidence / Interlocutory
Outcome: Some objections upheld, some dismissed. Select documents admitted or rejected as evidence.
Legal Topics: Admissibility of Evidence, Cross Examination, Prior Inconsistent Statement, Business Records, Dictionary Evidence

Evidence Law Admissibility of Evidence Cross Examination Prior Inconsistent Statement Business Records Dictionary Evidence

Case Brief

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Parties

Johnny Jango and Others

Applicant

Northern Territory of Australia

First Respondent

GPT Management Limited

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Ruling on Evidence / Interlocutory

Legal Issues

1 Whether certain documents tendered by the Commonwealth are admissible under s 43 of the Evidence Act 1995 (Cth) and/or as business records or other relevant material.

Ratio Decidendi

Court Disposition

Some objections upheld, some dismissed. Select documents admitted or rejected as evidence.

Orders

Document 5: rejected
Document 6: rejected