Cross-Examination Not Appropriate In Interlocutory Applications

The High Court has reiterated that cross-examination will not generally be permitted on an interlocutory application, or where there is no conflict of fact on the affidavits.

In McCarthy v Murphy, ¹ the defendant mortgagor was not permitted to cross-examine the plaintiff (a receiver) or a bank employee who swore a supporting affidavit.

Background

There were two motions before the court:

1. the receiver's motion seeking to restrain the defendant interfering with the receivership; and
2. the defendant's motion seeking to cross-examine the receiver and a bank employee who swore a supporting affidavit.

The basis for the defendant's application to cross-examine was that he wanted to question: