Federal Court of Australia
Federal Court of Australia
LK Law Pty Ltd v Karas (Cross-examination) [2024] FCA 265 File number(s): SAD 222 of 2021
Judgment of: O'SULLIVAN J
Date of judgment: 14 March 2024
Date of publication of reasons: 20 March 2024
Catchwords: PRACTICE AND PROCEDURE — Whether counsel for the fourth respondent should be permitted to cross-examine the second applicant — common law principles —consideration of ss 26, 27, 28, 190(4) and 192 of the Evidence Act 1995 (Cth) — no unfettered right to cross-examine a witness – whether cross-examination would be oppressive, unwarranted or unfair — cross-examination of second applicant by counsel for the fourth respondent limited to topics not covered by counsel for the first to third respondents and in respect of which the fourth respondent has a different interest to that of the first to third respondents
Legislation: Evidence Act 1995 (Cth), ss 26, 27, 28, 190(4), 192
Cases cited: Canberra Residential Developments Pty Ltd v Brendas [2010] FCAFC 125; (2010) 188 FCR 140 GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 Lehrmann v Network Ten Pty Ltd (Cross-Examination) [2023] FCA 1477
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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