2 Dec 2016
DAIMLER AG (formerly known as MERCEDES-BENZ AG) v. HELGE HERBERT LEIDUCK appointed by Order to represent the estate of HERBERT HEINZ HORST LEIDUCK, deceased AND ANOTHER
- Citation
- DAIMLER AG (formerly known as MERCEDES-BENZ AG) v. HELGE HERBERT LEIDUCK appointed by Order to represent the estate of HERBERT HEINZ HORST LEIDUCK, deceased AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA4089/1994
Section 3(b) of the Evidence Ordinance establishes a single competence test applicable to oral and written evidence; signing statements of truth verifying pleadings is not 'giving evidence' under s3(b); the inquiry into competence of written pretrial evidence is limited to whether the witness was of unsound mind and thereby appeared incapable of receiving just impressions or of relating them truly at the time the document was made (not by reference to a hypothetical crossexamination); on the evidence the court found Mr Leiduck was not of unsound mind in 2008–2010 (therefore his first five aff…