NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Welsh v Carnival PLC trading as Carnival Australia (No 4) [2016] NSWSC 1296 Hearing dates: 13 September 2016 Date of orders: 14 September 2016 Decision date: 14 September 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [28] Catchwords: EVIDENCE – Evidence of plaintiff's son as to observations made of the plaintiff before and after the accident the subject of proceedings – Whether probative value of the evidence was substantially outweighed by the danger of unfair prejudice – Where unfair prejudice said to stem from the fact that the evidence was of a kind already adduced in the plaintiff's case – Where unfair prejudice was said to stem from the fact that "sheer weight" of the number of witnesses giving such evidence would compel the court to make findings favourable to the plaintiff – Where such a submission overlooked the fact that the evidence would be assessed and analysed
EVIDENCE – Evidence of plaintiff's son as to observations made of the plaintiff before and after the accident the subject of proceedings – Whether probative value of the evidence was substantially outweighed by the danger that it would be misleading or confusing or result in an undue waste of time – Where the evidence was clear and in short compass – Evidence admitted Cases Cited: Dyldam Developments Pty Ltd v Jones [2008] NSWCA 56 Hughes Aircraft Systems International v Airservices Australia (No 3) (1997) 76 FCR 15 IMM v The Queen (2016) 330 ALR 382; [2016] HCA 14 Koninklijke Phillips Electronics NV v Remington Products Australia Pty Ltd (2000) 100 FCR 90; [2000] fca 876 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 Re GHI (a protected person) [2005] NSWSC 466 Seven Network Limited v News Limited (No 8) (2005) 224 ALR 317; [2005] FCA 1348 Category: Procedural and other rulings Parties: Graham Welsh - Plaintiff Carnival PLC trading as Carnival Australia - Defendant Representation: Counsel: Mr R Royle & Ms F Graham - Plaintiff Mr M McCulloch SC & Ms T Berberian - Defendant
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