Makeig v Tucun [2009] NSWDC 42

Makeig v Tucun [2009] NSWDC 42

All evidence contained in the documentary tenders MFI 12 and MFI 15 was rejected as inadmissible because it either fell solely within credibility evidence (and is excluded by s 94), failed to have significant probative value to satisfy exceptions to the tendency rule, or was excluded via the hearsay rule or the court's discretion under s 135 of the Evidence Act 1995.

Parties
Plaintiff: Peter Makeig; Defendant: Tugomir Tucun; Defendant: Stephanie Maureen Tucun
Jurisdiction
Australia
Judgment Date
13 March 2009
Procedural Posture
Civil / Interlocutory Ruling on Admissibility of Evidence
Outcome
Tender of evidence rejected.
Legal Topics
Tendency Evidence, Credibility Evidence, Hearsay, Probative Value, Admissibility of Documentary Evidence
Evidence Law Tendency Evidence Credibility Evidence Hearsay Probative Value Admissibility of Documentary Evidence

Case Brief

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Parties

Peter Makeig

Plaintiff

Tugomir Tucun

Defendant

Stephanie Maureen Tucun

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the documentary evidence tendered by the defendants is admissible under the Evidence Act 1995 (NSW) tendency rule and hearsay rule
  2. 2 Whether the evidence relates only to credibility and is excluded by the credibility rule
  3. 3 Whether proper notice was given for tendency evidence

Ratio Decidendi

All evidence contained in the documentary tenders MFI 12 and MFI 15 was rejected as inadmissible because it either fell solely within credibility evidence (and is excluded by s 94), failed to have significant probative value to satisfy exceptions to the tendency rule, or was excluded via the hearsay rule or the court's discretion under s 135 of the Evidence Act 1995.

Court Disposition

Tender of evidence rejected.

Orders

  • All evidence contained in the summary document MFI 12 is not admitted.
  • Tender of MFI 15 is rejected.