Republic of Brazil v Durant [2012] JCA 094 (11 May 2012)
The Commissioner was not plainly wrong in admitting the hearsay witness statements, as the circumstances were not sufficiently exceptional to justify exclusion, the prior reasoning regarding Dr. Marques was not applicable, and the offer of video-link cross-examination was properly considered. The trial court retains the duty to ensure fairness.
- Citation
- [2012] JCA 094
- Parties
- Respondent/plaintiff: The Federal Republic of Brazil; Respondent/plaintiff: The Municipality of Sao Paulo; Appellant/defendant: Durant International Corporation; Appellant/defendant: Kildare Finance Limited; Other: Deutsche Bank International Limited; Other: Deutsche International Custodial Services Limited; Other: Deutsche International Corporate Services Limited; Other: Deutsche International Trustee Services (CI) Limited
- Jurisdiction
- Jersey
- Judgment Date
- 11 May 2012
- Procedural Posture
- Civil Appeal / Appeal From Case Management Decision Prior to Trial
- Outcome
- Appeal dismissed
- Legal Topics
- Hearsay Evidence, Case Management, Video Link Testimony, Fair Trial Rights
Case Brief
Summary, issues, holding and outcome
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Parties
The Federal Republic of Brazil
Respondent/plaintiff
The Municipality of Sao Paulo
Respondent/plaintiff
Durant International Corporation
Appellant/defendant
Kildare Finance Limited
Appellant/defendant
Deutsche Bank International Limited
Other
Deutsche International Custodial Services Limited
Other
Deutsche International Corporate Services Limited
Other
Deutsche International Trustee Services (CI) Limited
Other
Procedural Posture
Civil Appeal / Appeal From Case Management Decision Prior to Trial
Legal Issues
- 1 Whether the Commissioner erred in admitting hearsay witness statements at trial
- 2 Whether the circumstances were sufficiently exceptional to exclude hearsay evidence
- 3 Whether the Commissioner's decision was inconsistent with prior reasoning regarding Dr. Marques
Ratio Decidendi
The Commissioner was not plainly wrong in admitting the hearsay witness statements, as the circumstances were not sufficiently exceptional to justify exclusion, the prior reasoning regarding Dr. Marques was not applicable, and the offer of video-link cross-examination was properly considered. The trial court retains the duty to ensure fairness.
Court Disposition
Appeal dismissed
Orders
- Leave to appeal refused
- Witness statements admitted as evidence at trial
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