Day v Perisher Blue Pty Ltd

(2005) 62 NSWLR 731; [2005] NSWCA 110

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Witnesses
3. › Credibility
4. › Coaching of witnesses
5. › Solicitors facilitating discussion of evidence among witnesses
6. › Whether trial judge erred in failing to address attack on credibility
1. Practice and Procedure
2. › Judgments and orders
3. › Duty to give reasons
4. › Failure to address submissions on credibility of witnesses
5. › Whether failure to deal with submissions constituted failure to have regard to critical evidence
1. Practice and Procedure
2. › Professional conduct
3. › Solicitors
4. › Coaching of witnesses
5. › Teleconference with multiple witnesses discussing evidence
6. › Letter outlining expected evidence
7. › Whether conduct should be referred to Legal Services Commissioner
1. Appeal
2. › New trial
3. › Grounds for ordering new trial
4. › Failure of trial judge to address critical evidence on witness credibility

Quick Take

Solicitors must take proofs of evidence from lay witnesses separately and must not facilitate discussions among witnesses about their evidence. A teleconference in which multiple witnesses discuss their evidence with each other and with solicitors, followed by a letter outlining expected evidence, constitutes improper witness coaching. A trial judge's failure to address submissions attacking witness credibility based on such conduct constitutes a failure to have regard to critical evidence warranting a new trial.