BLACK V WALKER (2000) NSWSC 983
Supreme Court of New South Wales – 27 October 2000
Black gave Walker a diamond ring for their engagement. When the engagement broke down, Black demanded the ring back but Walker refused return the ring. Walker contended that Black had taken the ring back from her premises but Black insisted that he had not done so and was therefore entitled to have the ring returned to him. Walker was cross-examined on a conversation with her neighbour, Gorman where she allegedly admitted to having the ring in her possession. Black applied for the case to be reopened to admit evidence from Gorman.
The Magistrate refused to admit Gorman’s evidence and reopen the plaintiff’s case.
Was the Magistrate wrong to refuse to admit evidence from Gorman as lead evidence in re-opening the case of the Black?