Adamson v Ede

[2009] NSWCA 379

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Natural justice
3. › Procedural fairness
4. › Nature of natural justice in judicial context
5. › Whether natural justice requires judge to warn witness of proposed adverse credit findings
6. › Importance of judicial context in determining content of natural justice
7. › Adversary system
1. Courts and Judges
2. › Judicial duty
3. › Reasons for judgment
4. › Whether trial judge must avoid making credit findings if case can be resolved without them
5. › Obligation to state real reasons for judgment
1. Evidence
2. › Admissibility and relevancy
3. › Obligation on tendering party to demonstrate admissibility and relevancy
4. › Whether evidence party failed to demonstrate was admissible can be adduced on appeal
1. Contract
2. › Onus of proof
3. › Whether plaintiff suing on document bears onus of proving validity when validity disputed by defendant

Quick Take

A trial judge is not required to warn a party that adverse credit findings are contemplated, nor to disclose the judge's mental processes before reaching a final decision. The content of natural justice in court proceedings is shaped by the judicial context, including the adversary system and established court procedures. A party who fails to explain the relevance and admissibility of tendered evidence at trial cannot complain on appeal of its rejection. Where a plaintiff sues on a document and its validity is denied, the plaintiff bears the onus of proving the document's validity and effectiveness.