A party who fails to object to the tender of a document of unknown origin at trial cannot complain on appeal about the failure to prove its origin. Under s 60 of the Evidence Act 1995 (NSW), histories taken by doctors and repeated as the basis for opinion evidence are admissible as evidence of the facts stated, reversing the common law position. The rule in Browne v Dunn does not require a specific document to be put to a witness in cross-examination where the witness and their lawyers were on notice of its contents through other material served before trial. An appellate court will not order a new trial for errors that do not relate to the central reasoning on liability.
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