1A witness's inability to remember matters of significant probative value, where memory cannot be refreshed under s 32 of the Evidence Act 1995 (NSW), constitutes 'unfavourable' testimony within the meaning of s 38, warranting leave to cross-examine.
2The term 'unfavourable' in s 38 of the Evidence Act 1995 (NSW) is to be given a broad interpretation, consistent with the approach endorsed by the High Court in Adam v R (2001) 207 CLR 96 and the practice of the Crown calling all witnesses and cross-examining under s 38 where necessary.
