Goldsmith v Sandilands

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, KIRBY, HAYNE AND CALLINAN JJTREVOR JOHN GOLDSMITH  APPELLANTANDMICHAEL DARREN SANDILANDS & ORS  RESPONDENTSGoldsmith v Sandilands [2002] HCA 318 August 2002P91/2000ORDERAppeal dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentation:M D Cole for the appellant (instructed by Terrace Law)G T W Tannin with K E McDonald for the first, second and third respondents (instructed by Crown Solicitor for the State of Western Australia)K N Allan for the fourth respondent (instructed by K N Allan)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGoldsmith v SandilandsEvidence – Admissibility – Negligence – Collateral facts – Credibility – Whether failure to allow appellant to reopen his case to adduce evidence in reply going to his credit constituted a miscarriage of justice.Evidence – Evidence available only after close of appellant's case – Whether Commissioner erred in not allowing appellant to reopen his case to adduce such evidence – Whether miscarriage of justice in the circumstances.GLEESON CJ.   It sometimes happens, in the course of litigation, that counsel will start a hare.  The response of the opposing counsel may be to pursue it.  One of the duties of a trial judge is to control the proceedings, to exclude irrelevancy, and to maintain proper limits upon the extent to which the parties and their lawyers will be permitted to raise and investigate matters that are of only marginal significance.The facts in issue in a civil action case emerge from...