http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/802.html
PARTNERSHIP – whether the plaintiff was a one third partner with the defendants – whether the partnership terminated – quantum of profit share
Mr Cross’ credibility
Mr Cross (like the plaintiff) tended to give unresponsive answers. There are a number of aspects of his evidence that lead me to conclude that he is an unreliable witness.
(1) There are clear and significant discrepancies between the wages shown in the wage book and the amounts in the time sheets. Mr Cross admitted that he had written the word “PAID” on the timesheets and had undertaken the calculations as set out on the timesheets but he denied that the amounts noted on the timesheet recoded what had been paid by him to the employees. I am persuaded that the figures recorded on the time sheets are the amounts paid to the employees and that the figures in the wages book, reflected also in the BAS statements, are an understatement of wage payments. Mr Cross, even though he had sought and has been granted a certificate under s 128 of the Evidence Act 1995 (NSW), would not admit that the “PAID” endorsement and his signature reflected what he had paid to the relevant employees. This has a dual consequence – it demonstrates that Mr Cross is prepared to act dishonestly for his own benefit and also that he was not truthful in this Court.