Cross-examination on interlocutory applications requires leave, which is granted cautiously and sparingly. Where cross-examination is sought for the purpose of wholesale credit rejection of an overseas witness who would need to attend through an interpreter, the delay, cost and inconvenience will ordinarily substantially outweigh any benefit, particularly where the interlocutory application can be determined without resolving contested credit issues. The obligations under s 56 of the Civil Procedure Act 2005 (NSW) reinforce the need to focus on the real issues in dispute rather than satellite credit contests.
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