Combined Insurance Company of America trading as Combined Insurance Company of Australia v Trifunovski (No 4) [2011] FCA 271

Combined Insurance Company of America trading as Combined Insurance Company of Australia v Trifunovski (No 4) [2011] FCA 271

Section 97(1) can apply to a corporation because corporations may have semi-anthropomorphic qualities such as reputation, character and tendency. Mr Goldin's evidence, if accepted, was capable of assisting the agents' case that Combined required medical certificates and thereby exercised control over them, particularly where the agents' evidence on that issue was challenged. The evidence therefore had significant probative value and was admissible.

Jurisdiction
Australia
Judgment Date
14 March 2011
Procedural Posture
Evidence Admissibility Ruling / Trial; Sixth Day; Objection to Affidavit Evidence
Outcome
The objection was rejected and the affidavit evidence of Mr Serge Goldin was admitted.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'admissibility of Affidavit Evidence' 'corporate Tendency' 'master and Servant Relationship Versus Independent Contractor Relationship']
['evidence' 'employment Law'] ['tendency Evidence' 'significant Probative Value' 'admissibility of Affidavit Evidence' 'corporate Tendency' 'master and Servant Relationship Versus Independent Contractor Relationship']

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Procedural Posture

Evidence Admissibility Ruling / Trial; Sixth Day; Objection to Affidavit Evidence

Legal Issues

  1. 1 ['Whether evidence was admissible under Evidence Act 1995 (Cth) s 97 as tendency evidence to show a tendency of a corporation.' 'Whether the affidavit evidence of Mr Serge Goldin had significant probative value.' 'Whether a corporation can have a tendency for the purposes of s 97(1).']

Ratio Decidendi

Section 97(1) can apply to a corporation because corporations may have semi-anthropomorphic qualities such as reputation, character and tendency. Mr Goldin's evidence, if accepted, was capable of assisting the agents' case that Combined required medical certificates and thereby exercised control over them, particularly where the agents' evidence on that issue was challenged. The evidence therefore had significant probative value and was admissible.

Court Disposition

The objection was rejected and the affidavit evidence of Mr Serge Goldin was admitted.

Orders

  • ['The affidavit evidence of Mr Serge Goldin be admitted.']