Perry v Kinnear & Ors (No. 4) [2020] NSWDC 900

Perry v Kinnear & Ors (No. 4) [2020] NSWDC 900

The oral evidence in re-examination is admissible as it clarifies confusion arising in cross-examination; the leading quality of the question does not render it inadmissible in these circumstances, with leave granted if required.

Parties
Plaintiff: Mrs Isabell Perry; First Defendant: Mr Ian Kinnear; Second Defendant: Mrs Leisha Kinnear
Jurisdiction
Australia
Judgment Date
23 September 2020
Procedural Posture
Civil / Voir Dire Ruling on Admissibility of Re Examination Evidence
Outcome
Objection dismissed; evidence admitted
Legal Topics
Re Examination, Leading Question, Admissibility of Evidence
Practice and Procedure Re Examination Leading Question Admissibility of Evidence

Case Brief

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Parties

Mrs Isabell Perry

Plaintiff

Mr Ian Kinnear

First Defendant

Mrs Leisha Kinnear

Second Defendant

Procedural Posture

Civil / Voir Dire Ruling on Admissibility of Re Examination Evidence

Legal Issues

  1. 1 Whether Ms Turner's oral evidence in re-examination concerning her conversation with the second defendant should be admitted
  2. 2 Whether the question in re-examination was impermissibly leading

Ratio Decidendi

The oral evidence in re-examination is admissible as it clarifies confusion arising in cross-examination; the leading quality of the question does not render it inadmissible in these circumstances, with leave granted if required.

Court Disposition

Objection dismissed; evidence admitted

Orders

  • Evidence of re‑examination of the witness, Ms Turner, be admitted.