Countouris v Kallos [2007] NSWSC 944

Countouris v Kallos [2007] NSWSC 944

Direct evidence from the alleged signatories is preferable to handwriting expert evidence when those signatories are available, and affidavits or oral testimony from them should be sought before resorting to expert evidence.

Jurisdiction
Australia
Judgment Date
23 August 2007
Procedural Posture
Notice of Motion (interlocutory Application) / Adjournment/postponement of Hearing for Expert Evidence
Outcome
Hearing before Expert Evidence Judge postponed; timetable made for parties to obtain affidavits or other direct evidence.
Legal Topics
['expert Evidence' 'handwriting Evidence' 'proxy Authenticity' 'leave to Adduce Expert Evidence']
['evidence' 'civil Procedure'] ['expert Evidence' 'handwriting Evidence' 'proxy Authenticity' 'leave to Adduce Expert Evidence']

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Procedural Posture

Notice of Motion (interlocutory Application) / Adjournment/postponement of Hearing for Expert Evidence

Legal Issues

  1. 1 ['Whether leave should be granted to adduce expert handwriting evidence when witnesses to the signatures are available']

Ratio Decidendi

Direct evidence from the alleged signatories is preferable to handwriting expert evidence when those signatories are available, and affidavits or oral testimony from them should be sought before resorting to expert evidence.

Court Disposition

Hearing before Expert Evidence Judge postponed; timetable made for parties to obtain affidavits or other direct evidence.

Orders

  • ['The hearing before the Expert Evidence Judge is postponed until after 17 September 2007.' 'Time for the defendants to file evidence is fixed at 4 pm on 17 September 2007.' "Motion adjourned to the Expert Evidence Judge's list at 9 am on 19 September 2007 with liberty to apply on two days' notice to the Duty Judge."]