NSW Caselaw
New South Wales Supreme Court
CITATION : Blomfield v Nationwide News Pty Ltd [2009] NSWSC 977
HEARING DATE(S) : 7 - 16 September 2009
JUDGMENT DATE : 14 September 2009
JUDGMENT OF : Harrison J
DECISION : Question allowed
CATCHWORDS : EVIDENCE - defamation - admissibility - objection to question asked in cross-examination on contention that it attempted to adduce tendency evidence without giving reasonable notice - credit and credibility - Evidence Act 1995 ss 97, 103 and 135
LEGISLATION CITED : Evidence Act 1995
CATEGORY : Procedural and other rulings
CASES CITED : Cantarella Bros Pty Ltd v Andreasen [2005] NSWSC 579 R v Harker [2004] NSWCCA 427
Michael Blomfield (Plaintiff) PARTIES : Nationwide News Pty Ltd (First Defendant) News Digital Media Pty Ltd (Second Defendant)
FILE NUMBER(S) : SC 20218 / 2008
COUNSEL : P W J Gray SC with M F Richardson (Plaintiff) A Leopold SC with D R Sibtain (Defendants)
SOLICITORS : Clayton Utz (Plaintiff) Blake Dawson (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
HARRISON J
14 September 2009
20218 / 2009 Michael Blomfield v Nationwide News Pty Ltd & News Digital Media Pty Ltd
JUDGMENT 1 HARRISON J: During cross-examination of Vivienne Dye, the first witness called by the defendant, Mr Gray, senior counsel for the plaintiff, asked the following question: "Q. It's not the first time that you had presumed a senior male in your work place was in love with you, was it?" I allowed that question following an objection and after hearing argument. I indicated that I would deliver my reasons today. I took that approach so as not unnecessarily to interrupt the proceedings or disrupt the continuity of the case from the jury's point of view. 2 The question was objected to upon the basis that it was an attempt to adduce tendency evidence and that no reasonable notice to adduce the evidence had been given in accordance with s 97 of the Evidence Act 1995 ("the Act"). That section is in the following relevant terms: " 97 The tendency rule
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