Loureiro v Mac Aus Unit Pty Ltd [2022] NSWSC 139

Loureiro v Mac Aus Unit Pty Ltd [2022] NSWSC 139

The Court found that the report did not satisfy the requirements of s 50 of the Evidence Act 1995 (NSW) because the underlying documents (143 pages) were neither so voluminous nor complex as to require summary, and the report went beyond mere summary by expressing opinion or judgment about the contents. As such, the tender of the report as summary evidence was rejected.

Jurisdiction
Australia
Judgment Date
22 February 2022
Procedural Posture
Procedural Ruling / Interlocutory Application – Evidentiary Ruling
Outcome
Tender of the report is rejected.
Legal Topics
['summary Evidence' 'admissibility of Evidence' 'evidence Act 1995 (nsw) S 50']
['evidence'] ['summary Evidence' 'admissibility of Evidence' 'evidence Act 1995 (nsw) S 50']

Case Brief

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Procedural Posture

Procedural Ruling / Interlocutory Application – Evidentiary Ruling

Legal Issues

  1. 1 ['Whether the report of Chris Katehos and Cecelia Tang dated 25 January 2022 is admissible as summary evidence under s 50 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The Court found that the report did not satisfy the requirements of s 50 of the Evidence Act 1995 (NSW) because the underlying documents (143 pages) were neither so voluminous nor complex as to require summary, and the report went beyond mere summary by expressing opinion or judgment about the contents. As such, the tender of the report as summary evidence was rejected.

Court Disposition

Tender of the report is rejected.

Orders

  • ['The tender of the report of Chris Katehos and Cecelia Tang dated 25 January 2022 is rejected.']