[2000] NSWSC 123

Marsden v Amalgamated Television Services Pty Limited

See paragraph 3

Catchwords

On application to cross-examine unfavourable witness on certain topics - Evidence Act 1995 (NSW) s 38(1)(a) & (c) - T4481

[1]
HIS HONOUR: An application has been made on behalf of the defendant pursuant to s 38 of the Evidence Act, following the ruling I gave admitting exhibit 70 (NSWSC 122: DLJT: 108 ).
[2]
The application is to cross-examine the present witness in addition to the right already existing, namely as to age and year, as to his never having had underage sex with the plaintiff, as to the " circumstances " of his coming forward and his motive for so doing and as to the " circumstances " of his recanting. The application now made is understood by me to be made under s 38(1)(a) and 38(1)(c), as to the latter by reference to the document described as the " Denham Court Statutory Declaration " and declarations admitted in the evidence of Mr Gulley.
[3]
Motive for coming forward and recanting must inevitably and inexorably involve the reasons therefor, which themselves must inevitably and inexorably involve the circumstances thereof. I will permit cross-examination on both.