Federal Court of Australia
Federal Court of Australia
Palmer v McGowan (No 4) [2022] FCA 292 File number: NSD 912 of 2020
Judgment of: LEE J
Date of judgment: 28 March 2022
Catchwords: EVIDENCE – novel application in relation to a witness who has sworn an affidavit to correct "mistakes" made in cross-examination – where there was no re-examination of the witness – affidavit should not be received – re-examination of witness should be allowed despite discharge of witness – consideration of the limits of re-examination – deferral of any question of leave to adduce further oral evidence to the time of re-examination
Legislation: Evidence Act 1995 (Cth) ss 39, 192
Cases cited: Drabsch v Switzerland General Insurance Co Ltd [1999] NSWSC 765
Heydon J D, Cross on Evidence (13th ed, LexisNexis, 2021) Odgers S, Uniform Evidence Law (16th ed, Lawbook Co, 2021)
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 18
Date of hearing: 24, 28 March 2022
Counsel for the Applicant / Cross-Respondent Mr B Dean
Solicitor for the Applicant / Cross-Respondent Sophocles Lawyers
Counsel for the Respondent / Cross-Claimant Mr B W Walker SC with Mr N Bender
Solicitor for the Respondent / Cross-Claimant Clayton Utz
ORDERS NSD 912 of 2020
BETWEEN: MR CLIVE FREDERICK PALMER Applicant / Cross-Respondent
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