Charles Parsons & Co Pty Ltd v Express Publications Pty Ltd; Express Publications Pty Ltd v Charles Parsons & Co Pty Ltd [2017] NSWSC 1031

Procedural Posture

Equity Commercial List; Procedural and Other Rulings / Ex Tempore Judgment on Evidentiary Objections to Tender of Spreadsheet Summaries

Legal Issues

1. 1 ['Whether spreadsheets prepared by Ms Screpis were receivable as business records under s 69 of the Evidence Act 1995 (NSW).' 'Whether the spreadsheets were receivable as summaries under s 50 of the Evidence Act 1995 (NSW).' 'Whether the spreadsheets merely summarised underlying documents or involved interpretation, judgment, assumptions, or submissions.' 'Whether the evidence identified with sufficient precision the documents purportedly summarised.']

Ratio Decidendi

The spreadsheets were not received under s 50 because the evidence did not establish that they were true summaries of identified underlying documents: one spreadsheet appeared to include material not found in the Master Reports and to involve judgment or assumptions to advance a contention about stock being more than 6 months old, while other spreadsheets did not identify with sufficient precision the records from which they were derived. The spreadsheets were also not receivable as business records absent evidence that they were prepared in the ordinary course of business rather than for the proceedings.

Court Disposition

Tender of summaries rejected

Orders

• ["The spreadsheet referred to at par 42 of Ms Screpis's affidavit was rejected under s 50 of the Evidence Act 1995 (NSW)." "The first two sentences of par 42, the third and following sentences in par 45, and all of par 46 of Ms Screpis's affidavit were rejected." "The spreadsheets referred to in pars 75 and 76 of Ms...