Kumar v Sydney Western Realty Pty Ltd & Anor [2021] NSWDC 430

Kumar v Sydney Western Realty Pty Ltd & Anor [2021] NSWDC 430

Leave was granted under s 108(3) of the Evidence Act for the second defendant to adduce evidence of the first part of Mr Haslam's email subject to the limitation it is admissible only on the credibility of Mr Singh and not otherwise as evidence of the truth of what is represented. The balance of the email was ruled inadmissible.

Parties
Plaintiff: Ms D Kumar; First Defendant: Sydney Western Realty Pty Ltd; Second Defendant: Mr A Singh
Jurisdiction
Australia
Judgment Date
05 August 2021
Procedural Posture
Civil / Procedural Evidentiary Ruling During Trial
Outcome
Leave granted to tender first part of email on limited purpose; balance excluded; identification orders for other correspondence.
Legal Topics
Credibility Evidence, Prior Consistent Statement, Admissibility of Documents, Professional Negligence
Evidence Law Civil Procedure Credibility Evidence Prior Consistent Statement Admissibility of Documents Professional Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ms D Kumar

Plaintiff

Sydney Western Realty Pty Ltd

First Defendant

Mr A Singh

Second Defendant

Procedural Posture

Civil / Procedural Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether the exception to the credibility rule is established for admitting prior consistent statements under s 108(3) of the Evidence Act
  2. 2 Whether leave should be granted to adduce credibility evidence and under what terms
  3. 3 Appropriate scope/terms for the grant of leave limiting admissibility of evidence

Ratio Decidendi

Leave was granted under s 108(3) of the Evidence Act for the second defendant to adduce evidence of the first part of Mr Haslam's email subject to the limitation it is admissible only on the credibility of Mr Singh and not otherwise as evidence of the truth of what is represented. The balance of the email was ruled inadmissible.

Court Disposition

Leave granted to tender first part of email on limited purpose; balance excluded; identification orders for other correspondence.

Orders

  • Leave granted for tender of first part of Mr Haslam's email subject to limitation: admissible only regarding credibility of Mr Singh, not for the truth.
  • Balance of the email ruled inadmissible.