McMahon v John Fairfax Publications Pty Limited (No 5) [2012] NSWSC 218

Supreme Court New South Wales

Medium Neutral Citation: McMahon v John Fairfax Publications Pty Limited (No 5) [2012] NSWSC 218 Hearing dates: 7-10, 13-17, 20-24, 27-29 February; 1-2, 5-9, 12 March 2012 Decision date: 13 March 2012 Before: McCallum J Decision: Publication of reserved reasons for evidentiary rulings and for allowing plaintiff's application for leave to amend particulars of damage. Catchwords: EVIDENCE - relevance - credibility rule - whether a document can be evidence adduced in cross examination within the meaning of section 103 of the Evidence Act - business records - discretion to exclude evidence under s 135 of the Evidence Act Legislation Cited: Evidence Act 1995 Civil Liability Act 2002 Corporations Act 2001 (Cth) Cases Cited: Adam v the Queen (2001) 207 CLR 96 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 ASIC v Rich [2005] NSWSC 417 Aslett v R [2006] NSWCCA 49 Harris v Bellemor [2012] NSWCA 196 Singleton v John Fairfax [1983] 2 NSWLR 728 Category: Procedural and other rulings Parties: Bryan McMahon (plaintiff) John Fairfax Publications Pty Limited (first defendant) Marcus Priest (second defendant) Rachel Nickless (third defendant) Representation: B McClintock SC, K Andronos (plaintiff) ATS Dawson, L Brown (defendants) Ardent Lawyers (plaintiff) Banki Haddock Fiora Lawyers (defendants) File Number(s): 2008/289210 Publication restriction: Not to be posted on the internet until after the conclusion of the jury trial that commenced on 8 February 2012