Chaina v Presbyterian Church (NSW) Property Trust (No. 11) [2013] NSWSC 956

Chaina v Presbyterian Church (NSW) Property Trust (No. 11) [2013] NSWSC 956

The police report is not admissible as a business record due to s 69(3) of the Evidence Act 1995 as it relates to an investigation leading to a criminal proceeding, but is admissible as a prior inconsistent statement under s 43 of the Act based on inconsistencies between the document and witness evidence.

Parties
First Plaintiff: Mathew Chaina; First Defendant: Presbyterian Church (NSW) Property Trust
Jurisdiction
Australia
Judgment Date
17 July 2013
Procedural Posture
Interlocutory Application / Evidentiary Ruling
Outcome
Document admitted as prior inconsistent statement; evidentiary rulings made as per judgment.
Legal Topics
Admissibility of Police Report, Business Records Exception, Criminal Proceedings Definition, Prior Inconsistent Statement
Evidence Admissibility of Police Report Business Records Exception Criminal Proceedings Definition Prior Inconsistent Statement

Case Brief

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Parties

Mathew Chaina

First Plaintiff

Presbyterian Church (NSW) Property Trust

First Defendant

Procedural Posture

Interlocutory Application / Evidentiary Ruling

Legal Issues

  1. 1 Whether a police report of a motor vehicle accident is admissible as a business record under s 69 of the Evidence Act 1995
  2. 2 Whether the relevant traffic offences qualify as criminal proceedings under the Evidence Act 1995
  3. 3 Whether the police report is admissible as a prior inconsistent statement under s 43 of the Evidence Act 1995

Ratio Decidendi

The police report is not admissible as a business record due to s 69(3) of the Evidence Act 1995 as it relates to an investigation leading to a criminal proceeding, but is admissible as a prior inconsistent statement under s 43 of the Act based on inconsistencies between the document and witness evidence.

Court Disposition

Document admitted as prior inconsistent statement; evidentiary rulings made as per judgment.

Orders

  • MFI 55 (the police report) is admitted as a prior inconsistent statement.