R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 2) [2019] NSWSC 775

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 2) [2019] NSWSC 775

The preconditions for admissibility under the business records exception (s 69) were not met as it was not shown the emails formed part of the business records of Lands Legal or were made for the purposes of that business. Nor was it established that Paul Obeid had actual or ostensible authority to make potentially adverse statements on behalf of Moses or Edward Obeid for the purposes of the admissions exception (s 87(1)(a)), or that the statements constituted admissions within the statutory definition.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Criminal / Evidentiary Ruling Prior to Trial
Outcome
Evidence not admitted
Legal Topics
['hearsay' 'business Records' 'admissions' 'admissibility of Evidence']
['evidence'] ['hearsay' 'business Records' 'admissions' 'admissibility of 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

Criminal / Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether the email trail is admissible under the business records exception to hearsay (s 69 Evidence Act 1995 (NSW))' 'Whether the email trail is admissible as an admission made with authority (s 87(1)(a) Evidence Act 1995 (NSW))']

Ratio Decidendi

The preconditions for admissibility under the business records exception (s 69) were not met as it was not shown the emails formed part of the business records of Lands Legal or were made for the purposes of that business. Nor was it established that Paul Obeid had actual or ostensible authority to make potentially adverse statements on behalf of Moses or Edward Obeid for the purposes of the admissions exception (s 87(1)(a)), or that the statements constituted admissions within the statutory definition.

Court Disposition

Evidence not admitted

Orders

  • ['Tender of pages 5749-5755 and 5765-5766 of the Crown Tender Bundle is rejected']