Where counsel in closing address makes allegations of serious misconduct (such as attempted deception) against the opposing party's legal team, the allegations must be justified on the evidence; complaints about non-compliance with rules of court do not justify allegations of attempted deception. A direction to the jury to disregard such allegations is inadequate unless it squarely states that the allegations were incorrect and unfounded. The plaintiff's own forensic decisions that contributed to the problem are a relevant but not determinative factor in assessing whether the trial judge's discretion miscarried.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.