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

Case •

[2013] NSWSC 1707

•

12 November 2013

Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Chaina v Presbyterian Church (NSW) Property Trust (No. 22) [2013] NSWSC 1707
Hearing dates:12 November 2013
Decision date: 12 November 2013
Jurisdiction:Common Law
Before: Davies J
Decision:

MFIs 34 to 43 should be admitted into evidence.

Catchwords: EVIDENCE - admissibility - documents shown to witness in cross-examination and marked for identification - expert witness provides opinion on documents and cross-examination - documents admissible
Category:Interlocutory applications
Parties: Mathew Chaina (First Plaintiff) and ors
Presbyterian Church (NSW) Property Trust (First Defendant) and ors
Representation: Counsel:
In person (Plaintiffs)
R Stitt QC, G L Turner & H Stitt (Defendants)
Solicitors:
In person (Plaintiffs)
Curwoods Lawyers (Defendants)
File Number(s):2002/69354

Judgment

  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).

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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Amendments

20 November 2013 - Paragraphs 2 and 3 added


Amended paragraphs: 1, 2 and 3

Decision last updated: 20 November 2013

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