Moran v Moran [No 1] [1999] NSWSC 1315

The plaintiff may give evidence of her conversation with Dr Bowen-James to the extent that Dr Bowen-James said words to the effect that the defendants would not back off Brendan by raising physical violence, and as to any advice given by Dr Bowen-James as to how Mrs Moran should approach the matter with the defendants; all other parts of the alleged conversation are excluded due to irrelevance or unfair prejudice.

Jurisdiction: Australia
Judgment Date: 03 February 2000
Procedural Posture: Civil / Interlocutory Ruling on Admissibility of Evidence
Outcome: Admissibility of evidence ruled in part for and in part against plaintiff
Legal Topics: ['hearsay' 'admissibility of Conversation']

['evidence'] ['hearsay' 'admissibility of Conversation']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

1 ['Whether the plaintiff may give evidence of alleged advice and statements made by Dr Bowen-James prior to sending a letter central to her claim' 'Whether the statements fall within the hearsay rule and if so, whether an exception applies' 'Whether the probative value of the evidence is outweighed by the danger of unfair prejudice under s135 Evidence Act']

Ratio Decidendi

Court Disposition

Admissibility of evidence ruled in part for and in part against plaintiff

Orders

["The plaintiff may give evidence as to her conversation with Dr Bowen-James confined to: (1) that he said words to the effect that, 'You are not going to get them to back off on Brendan by bringing Peter's physical violence to their attention because they don't see that there is anything wrong with it'; (2)...