The case confirms that incidents at a jury trial must be assessed in the full context of the trial rather than in isolation when considering whether a new trial is warranted. Cross-examination of expert medical witnesses on their attitude to negligence claims against doctors and the tendency of the medical profession to close ranks is a legitimate line of questioning going to reliability. Questions about conclusions formed by judges in other proceedings as to the weight of a witness's evidence remain objectionable. The Court of Appeal cannot reassess damages under s 107 of the Supreme Court Act 1970 (NSW) where the chief heads of damage are contested and require assessment of witness credibility.
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