Wood v Inglis [2009] NSWSC 313

Wood v Inglis [2009] NSWSC 313

The financial statements are admissible business records under s 69 of the Evidence Act 1995 (NSW) as Mr Tierney, the external accountant, could reasonably be supposed to have made the entries either from his own knowledge or information provided by Dr Inglis, who had such knowledge. It would defeat s 69(2) to limit their use, and the potential for other evidence to contradict their contents is not a ground for exclusion or limitation under s 136.

Jurisdiction
Australia
Judgment Date
30 March 2009
Procedural Posture
Cross Claim / Ruling on Admissibility of Evidence
Outcome
Documents admitted for all purposes.
Legal Topics
['business Records' 'hearsay' 'admissibility of Evidence']
['evidence' 'equity'] ['business Records' 'hearsay' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Cross Claim / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the financial statements of the Inglis Research Trust are admissible as business records under Evidence Act 1995 (NSW), s 69' 'Whether a limiting order under Evidence Act 1995 (NSW), s 136, should be made so that the documents are not evidence of the truth of the previous representations']

Ratio Decidendi

The financial statements are admissible business records under s 69 of the Evidence Act 1995 (NSW) as Mr Tierney, the external accountant, could reasonably be supposed to have made the entries either from his own knowledge or information provided by Dr Inglis, who had such knowledge. It would defeat s 69(2) to limit their use, and the potential for other evidence to contradict their contents is not a ground for exclusion or limitation under s 136.

Court Disposition

Documents admitted for all purposes.

Orders

  • ['The financial statements of the Trust are admitted as evidence with no order under s 136 of the Evidence Act 1995 (NSW).']