Chaina v Presbyterian Church (NSW) Property Trust (No. 22)

Judgment

1. [1]

   MFIs 34 to 39 were shown to Mr Chaina during his cross-examination. He said he recognised them as infrared spectrum analysis graphs, but he said he was not able to interpret those graphs or to interpret them without what he called a reference (see T 1000ff).

2. [2]

   MFI 40 was a two page document written by Mr Chaina whilst in the witness box setting out what he said he did when he reverse engineered a laundry powder.

3. [3]

   MFIS 41 to 43 were graphs described as Mass Spectrum, Nuclear Magnetic Spectroscopy and Infrared Spectrum graph. They were shown to Mr Chaina during his cross-examination and he was asked questions about them.

4. [4]

   Those MFIs were provided to Dr McDonald with a copy of the cross-examination of Mr Chaina in relation thereto. That has enabled Dr McDonald to draw various conclusions concerning the extent of Mr Chaina's knowledge, a matter which goes to an issue in this case, namely the likelihood that he could have prepared the formulae that he claims to have done in the way that he claims to have done it.

5. [5]

   In those circumstances, those MFIs appear to me to be clearly relevant to an issue and to be admissible. They will be marked Exhibits 226 to 235 respectively. 20 November 2013 - Paragraphs 2 and 3 added Amended paragraphs: 1, 2 and 3