In the Matter of Maiden Civil Pty Ltd [2012] NSWSC 1618

In the Matter of Maiden Civil Pty Ltd [2012] NSWSC 1618

The documents tendered (MFI03 and MFI04) were not admissible as business records because there was no sufficient evidence they were kept in the course of business for the relevant entities; nor could their authenticity be reliably inferred from their production or face alone. MFI04 was further excluded as it was prepared in contemplation of the present proceedings, engaging s 69(3) of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
30 October 2012
Procedural Posture
Interlocutory Applications / Rulings on Admissibility of Evidence
Outcome
Tender of MFI03 and MFI04 rejected. Evidence ruled inadmissible.
Legal Topics
['admissibility of Business Records' 'authentication of Documents' 'hearsay Rule Exception' 'evidence Act 1995 (nsw) S 69']
['evidence' 'corporations'] ['admissibility of Business Records' 'authentication of Documents' 'hearsay Rule Exception' 'evidence Act 1995 (nsw) S 69']

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Procedural Posture

Interlocutory Applications / Rulings on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether business records are admissible under s 69 of the Evidence Act 1995 (NSW)' 'Whether the provenance or authenticity of business records can be inferred from the face of the document or requires external proof' 'Whether s 69(3) excludes documents prepared in contemplation of proceedings']

Ratio Decidendi

The documents tendered (MFI03 and MFI04) were not admissible as business records because there was no sufficient evidence they were kept in the course of business for the relevant entities; nor could their authenticity be reliably inferred from their production or face alone. MFI04 was further excluded as it was prepared in contemplation of the present proceedings, engaging s 69(3) of the Evidence Act 1995 (NSW).

Court Disposition

Tender of MFI03 and MFI04 rejected. Evidence ruled inadmissible.

Orders

  • ['MFI03 rejected.' 'MFI04 rejected.']