Rossi v Living Choice Australia Limited [2012] NSWLEC 281

Rossi v Living Choice Australia Limited [2012] NSWLEC 281

The hearsay exception to the business records provision applies and supports the admissibility of Ms McCulloch's affidavit; the material is relevant to the First Respondent's case and can be read in its current form.

Parties
Applicant: Anthony Rossi; First Respondent: Living Choice Australia Ltd; Second Respondent: The Hills Shire Council; Third Respondent: Joint Regional Planning Panel - Sydney West Region
Jurisdiction
Australia
Judgment Date
20 September 2012
Procedural Posture
Class 4 / Interlocutory Evidentiary Ruling
Outcome
Affidavit admissible
Legal Topics
Admissibility of Business Records, Hearsay Exception, Relevance of Evidence
Evidence Admissibility of Business Records Hearsay Exception Relevance of Evidence

Case Brief

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Parties

Anthony Rossi

Applicant

Living Choice Australia Ltd

First Respondent

The Hills Shire Council

Second Respondent

Joint Regional Planning Panel - Sydney West Region

Third Respondent

Procedural Posture

Class 4 / Interlocutory Evidentiary Ruling

Legal Issues

  1. 1 Whether the affidavit of Ms McCulloch is admissible in light of the hearsay rule
  2. 2 Whether the business records exception under s 69 of the Evidence Act 1995 applies
  3. 3 Whether the material is relevant to the case

Ratio Decidendi

The hearsay exception to the business records provision applies and supports the admissibility of Ms McCulloch's affidavit; the material is relevant to the First Respondent's case and can be read in its current form.

Court Disposition

Affidavit admissible

Orders

  • The evidence of Ms McCulloch's affidavit dated 3 July 2012 may be read in the form in which it is provided.