Investa Properties Pty Ltd v Nankervis (No 5) [2014] FCA 632

Investa Properties Pty Ltd v Nankervis (No 5) [2014] FCA 632

The annexures were admissible. CH54 was open to be found to be a business record, CH65 and CH106 squarely fell within the s 69 business records exception, and CH66, CH78 and CH107 were business records of CB Richard Ellis. The valuation opinions in CH66, CH78 and CH107 were admissible both as asserted facts in business records under s 69 and as opinions based on specialised knowledge under s 79. The Court declined to exclude or limit the documents under s 135 or s 136 because they were relevant to contemporaneous opinions as to value and to what the first and second respondents knew or did not tell the applicants, and any possible prejudice could be addressed through expert evidence and...

Jurisdiction
Australia
Judgment Date
16 June 2014
Procedural Posture
Evidence Ruling on Admissibility of Documents / Provisional Evidentiary Ruling Confirmed
Outcome
Provisional ruling confirmed; annexures admitted to evidence and leave granted to adduce oral evidence-in-chief from expert witnesses in respect of those annexures.
Legal Topics
['business Records Exception' 'hearsay' 'opinion Evidence' 'expert Opinion Evidence' 'valuation Evidence' 'discretion to Exclude or Limit Evidence']
['evidence' 'civil Procedure'] ['business Records Exception' 'hearsay' 'opinion Evidence' 'expert Opinion Evidence' 'valuation Evidence' 'discretion to Exclude or Limit Evidence']

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Procedural Posture

Evidence Ruling on Admissibility of Documents / Provisional Evidentiary Ruling Confirmed

Legal Issues

  1. 1 ['Whether annexures CH54, CH65, CH66, CH78, CH106 and CH107 were admissible as business records under s 69 of the Evidence Act 1995 (Cth).' 'Whether valuation opinions in the documents were inadmissible opinion evidence under s 76 or admissible under s 79 of the Evidence Act 1995 (Cth).' 'Whether the Court should exclude or limit use of the documents under s 135 or s 136 of the Evidence Act 1995 (Cth).']

Ratio Decidendi

The annexures were admissible. CH54 was open to be found to be a business record, CH65 and CH106 squarely fell within the s 69 business records exception, and CH66, CH78 and CH107 were business records of CB Richard Ellis. The valuation opinions in CH66, CH78 and CH107 were admissible both as asserted facts in business records under s 69 and as opinions based on specialised knowledge under s 79. The Court declined to exclude or limit the documents under s 135 or s 136 because they were relevant to contemporaneous opinions as to value and to what the first and second respondents knew or did not tell the applicants, and any possible prejudice could be addressed through expert evidence and...

Court Disposition

Provisional ruling confirmed; annexures admitted to evidence and leave granted to adduce oral evidence-in-chief from expert witnesses in respect of those annexures.

Orders

  • ['Annexures CH54, CH65, CH66, CH78, CH106 and CH107 be admitted to evidence.' 'Leave be given to the applicants and the fourth respondent to adduce oral evidence-in-chief from their expert witnesses in respect of annexures CH54, CH65, CH66, CH78, CH106 and CH107.']