H M & O Investments Pty Limited v Ingram (No.3) [2011] NSWSC 565

H M & O Investments Pty Limited v Ingram (No.3) [2011] NSWSC 565

The objection to the evidence of Mr Crellin is dismissed and the evidence is admitted as the underlying reports, photographs, and records are admissible as supplements to his observations and tests, with the limitation that the court is not bound by his opinions as to compliance.

Parties
First Plaintiff: H M & O Investments Pty Limited; Second Plaintiff: Teach & Play Pty Limited; First Defendant: Bradley Phillip Ingram; Second Defendant: Glenda Louise Ingram
Jurisdiction
Australia
Judgment Date
09 June 2011
Procedural Posture
Procedural and Other Rulings / Objection to Evidence (interlocutory Ruling)
Outcome
Evidence admitted
Legal Topics
Objection to Evidence, Admissibility of Expert Reports, Standard Compliance 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 2 Party arguments 2
Sign in to unlock

Parties

H M & O Investments Pty Limited

First Plaintiff

Teach & Play Pty Limited

Second Plaintiff

Bradley Phillip Ingram

First Defendant

Glenda Louise Ingram

Second Defendant

Procedural Posture

Procedural and Other Rulings / Objection to Evidence (interlocutory Ruling)

  1. 1 Whether the affidavit evidence of Mr Crellin, including annexures and exhibits, is admissible

Ratio Decidendi

The objection to the evidence of Mr Crellin is dismissed and the evidence is admitted as the underlying reports, photographs, and records are admissible as supplements to his observations and tests, with the limitation that the court is not bound by his opinions as to compliance.

Court Disposition

Evidence admitted

Orders

  • Objection dismissed and evidence comprising affidavit of Mr Crellin, annexure A, exhibit A and exhibit GC2 admitted