Thomas v David

Facts

A witness denied that she was the mistress of the party who had called her. The other side had evidence that she was, and wanted to call it. The objection was that her answer on a question of credit was final.

Issue

May a denial of bias be contradicted by other evidence?

Held

Yes. Coleridge J allowed the rebuttal. A relationship that gives the witness a reason to favour one side is not a collateral matter. The jury may hear the evidence that contradicts the denial.

Principle

Bias is an exception to the rule that answers on credit are final.

Why it matters

Dunn v Aslet is a quarrel. Mendy is a witness spoken to outside court. Toohey is the separate exception for a mental or physical condition.

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