Ford v Benness

In the case of Ford v Benness, the plaintiff sought to challenge evidence given by the defendant, a former employee, during cross-examination in relation to a statement previously made in a Senate inquiry and sent to the employer. The case was heard in the Supreme Court of New South Wales. The plaintiff argued that the defendant's evidence, which was in accordance with the statement made during the Senate inquiry, was prohibited under section 16(3) of the Parliamentary Privileges Act 1987 (Cth). The defendant contended that the evidence was not prohibited as it was not used for the purpose of establishing a civil liability or the commission of an offence, and thus, section 128 of the Evidence Act 1995 (NSW) did not apply. The plaintiff further argued that the evidence tended to prove an offence committed, and therefore, a certificate should have been issued.

The court was required to determine whether the defendant's evidence was prohibited by section 16(3) of the Parliamentary Privileges Act 1987 (Cth), and whether section 128 of the Evidence Act 1995 (NSW) applied to the circumstances of the case. Additionally, the court had to consider whether the evidence tended to prove an offence committed, and if so, whether a certificate should have been issued.

The court found that the purpose of the questions asked in the cross-examination was not prohibited under section 16(3) of the Parliamentary Privileges Act 1987 (Cth). The court also held that section 128 of the Evidence Act 1995 (NSW) did not apply as the evidence was not being used to establish a civil liability or the commission of an offence. Furthermore, the court found that the evidence did not tend to prove an offence committed, and therefore, a certificate was not required to be issued.

In conclusion, the court ruled in favour of the defendant, holding that the evidence was not prohibited, and that the plaintiff's arguments were unfounded. The plaintiff's application was dismissed, and the defendant's evidence was deemed admissible in the proceedings.