Lym International Pty Ltd v Chen; Marcolongo v Lym International Pty Ltd [2008] NSWSC 1110

Lym International Pty Ltd v Chen; Marcolongo v Lym International Pty Ltd [2008] NSWSC 1110

The objected-to statements could operate as admissions, and it was reasonably open under Evidence Act 1995 s 87(1)(b) to find that Sandy Lai had authority otherwise to act for the plaintiffs and that the representations related to matters within the scope of her authority, given material suggesting she was effectively general manager of Lym International Pty Limited and of Limin Yang's affairs concerning the company and property matters. Sandy Lai's unavailability for cross-examination did not justify exclusion under Evidence Act 1995 s 135, although it would affect weight.

Jurisdiction
Australia
Judgment Date
21 October 2008
Procedural Posture
Equity Proceeding; Procedural and Other Ruling / Ruling on Admissibility of Parts of Paragraphs 33, 36, 39 and 46 in the Affidavit of Ian James Richmond Sworn 5 December 2007
Outcome
Material tendered as evidence of admissions admitted.
Legal Topics
['admissions' 'hearsay' 'agency and Authority' 'discretionary Exclusion of Evidence' 'affidavit Evidence']
['evidence' 'equity' 'civil Procedure'] ['admissions' 'hearsay' 'agency and Authority' 'discretionary Exclusion of Evidence' 'affidavit Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceeding; Procedural and Other Ruling / Ruling on Admissibility of Parts of Paragraphs 33, 36, 39 and 46 in the Affidavit of Ian James Richmond Sworn 5 December 2007

Legal Issues

  1. 1 ['Whether statements made by Sandy Lai to Ian James Richmond were admissible as admissions against Lym International Pty Limited and Limin Yang under Evidence Act 1995 s 87.' 'Whether the statements could be characterised as admissions.' 'Whether Sandy Lai had authority to act for the plaintiffs and whether the representations related to matters within the scope of that authority.' 'Whether the evidence should be excluded under Evidence Act 1995 s 135 because Sandy Lai was unavailable for cross-examination.']

Ratio Decidendi

The objected-to statements could operate as admissions, and it was reasonably open under Evidence Act 1995 s 87(1)(b) to find that Sandy Lai had authority otherwise to act for the plaintiffs and that the representations related to matters within the scope of her authority, given material suggesting she was effectively general manager of Lym International Pty Limited and of Limin Yang's affairs concerning the company and property matters. Sandy Lai's unavailability for cross-examination did not justify exclusion under Evidence Act 1995 s 135, although it would affect weight.

Court Disposition

Material tendered as evidence of admissions admitted.

Orders

  • ["The portions objected to in paragraphs 33, 36, 39 and 46 of Mr Richmond's affidavit are admitted."]