Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Aircraft Maintenance Services Australia (AMSA) Pty Ltd [2018] FCA 264 Appeal from: Application for leave to appeal: Smith v Aircraft Maintenance Services Australia (AMSA) Pty Ltd [2017] FCCA 1846
File number: QUD 403 of 2017
Judge: RANGIAH J
Date of judgment: 9 March 2018
Catchwords: EVIDENCE – exclusion of evidence at trial under s 135 of the Evidence Act 1995 (Cth) – whether primary judge erred in excluding affidavit – whether primary judge should have considered whether misleading, confusing or prejudicial effect could be overcome by the trial judge adjusting weight to be given to the evidence – application for leave to appeal and appeal allowed – application remitted to Federal Circuit Court
Legislation: Evidence Act 1995 (Cth) s 63, 135, 192 Fair Work Act 2009 (Cth) ss 44, 45, 357 and 570 Federal Court of Australia Act 1976 (Cth) s 24(1A)
Cases cited: ACCC v Australian Safeway Stores Pty Ltd [1999] FCA 1269 ACE Insurance Ltd v Trifunovski (2013) 209 FCR 146 Australian Mutual Provident Society v Chaplin (1978) 18 ALR 385 Citibank Ltd v Liu [2003] NSWSC 569 Decor Corporation Pty Ltd v Data Industries Inc (1991) 33 FCR 397 Fair Work Ombudsman v Ecosway Pty Ltd [2016] FCA 296 Hollis v Vabu Pty Limited (2001) 207 CLR 21 House v The King (1936) 55 CLR 499 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 Maviglia v Maviglia [1999] NSWCA 188 NV Sumatra Tobacco Trading Co v British American Tobacco Australia Services Ltd (2011) 198 FCR 435 Ordukaya v Hicks [2000] NSWCA 180 Park v Brothers (2005) 222 ALR 421 R v Suteski (2002) 56 NSWLR 182 Samsung Electronics Co Limited v Apple Inc [2013] FCAFC 138
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