Section 42 — Evidence Act 1995 (NSW)

(1) A party may put a leading question to a witness in cross-examination unless the court disallows the question or directs the witness not to answer it.
(2) Without limiting the matters that the court may take into account in deciding whether to disallow the question or give such a direction, it is to take into account the extent to which—
(a) evidence that has been given by the witness in examination in chief is unfavourable to the party who called the witness, and
(b) the witness has an interest consistent with an interest of the cross-examiner, and
(c) the witness is sympathetic to the party conducting the cross-examination, either generally or about a particular matter, and
(d) the witness’s age, or any mental, intellectual or physical disability to which the witness is subject, may affect the witness’s answers.
(3) The court is to disallow the question, or direct the witness not to answer it, if the court is satisfied that the facts concerned would be better ascertained if leading questions were not used.
(4) This section does not limit the court’s power to control leading questions.
Note. Leading question is defined in the Dictionary.

Related sections

• s 39 — Limits on re-examination
• s 40 — Witness called in error
• s 41 — Improper questions
• s 43 — Prior inconsistent statements of witnesses
• s 44 — Previous representations of other persons
• s 45 — Production of documents

Research how courts apply s 42

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.