Commonwealth Bank v Iinvest (No 5) [2017] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank v Iinvest (No 5) [2017] NSWSC 438 Hearing dates: 6 February 2017 Date of orders: 06 February 2017 Decision date: 06 February 2017 Jurisdiction: Common Law Before: Campbell J Decision: Direct counsel to ask the questions of Mr Storie in this crossexamination in a nonleading fashion. Catchwords: CIVIL PROCEDURE – counsel cross-examining his instructing solicitor – whether leading questions are permitted in cross-examination in consideration of s 42 of the Evidence Act 1995 (NSW) – whether the witness has an interest consistent with an interest of the cross-examiner – whether the witness is sympathetic to the party conducting the cross-examination – held that leading questions are to be disallowed in cross-examination

EVIDENCE – cross-examination – leading questions in cross-examination – the Court's discretion to disallow leading questions in cross-examination – consideration of s 42 of the Evidence Act 1995 (NSW) – held that leading questions are to be disallowed Legislation Cited: Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: James Harker-Mortlock (Applicant) J H M Pty Ltd (Second Applicant)

Iinvest Pty Ltd (in liquidation) (First Respondent) Commonwealth Bank of Australia (Second Respondent) Representation: Counsel: P King (Applicant) Ms Cheeseman SC with J White (Respondent)

Solicitors: Roderick Alexander Ian Storie (Applicant) Campbell Hudson (Respondent) File Number(s): 2013/108514