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The High Court refused an application by a non-governmental organisation seeking leave to cross-examine witnesses who had sworn affidavits on behalf of a government minister in proceedings concerning the regulation of the live export of unweaned calves. The applicant claimed that the minister had failed to meet animal welfare obligations, but sought to cross-examine state witnesses on alleged factual disputes. The court determined that cross-examination is only permitted where there are genuine conflicts of fact or credibility challenges that are material to the issues to be decided; disagreements over interpretations or conclusions from facts are insufficient. The court found no such necessary conflict present in the affidavits and declined to allow cross-examination, reserving the issue of costs.
application for leave to cross-examine – live export – unweaned calves – animal welfare – government minister – non-governmental organisation – Rules of the Superior Courts (RSC) Order 40 Rule 1 – genuine conflict of fact – documentary evidence – affidavit evidence – judicial review – discretion of the court – material issue – costs reserved
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