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WA Magistrates Court Minor Claim - Evidence of Credibility

Discussion in 'Australian Consumer Law Forum' started by Jeremy Du Floreat, 2 April 2015.

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  1. Jeremy Du Floreat

    2 April 2015
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    I am the respondent in a minor claim in the Magistrates Court over the supply of a new driveway. My defence under evidence law is the Plaintiff's breach of contract, actual and implied, under contract law. I have withheld around 30% of the contract value and the plaintiff is attempting to recover that.

    Because of the low value the case will be heard without counsel.

    I know that the plaintiff has recently been convicted and heavily fined for False and Misleading Representations in regard to his concreting business.

    Can I bring this up in evidence to suggest he:
    a) Is not a credible witness
    b) Signed the contract with no intention of fulfilling the written terms on the contract, nor the implied terms such as compliance with Industry Standards and Council Regulations

    If so, how is this best done?
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    You should bring as much evidence as you can.

    The Magistrate may rule some evidence as inadmissible, or not relevant, or dismiss it with vague reasoning but that should not stop you putting into your case what you believe are relevant facts. The word 'facts' is important. State the facts. Do not use conjecture or embellish or lie.
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    The general rule is that you cannot adduce evidence regarding a person's credibility. There are some exceptions to this rule however I doubt any will apply in a small claims matter.

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