Asden Developments Pty Ltd (in liq) v Dinoris (No 2) [2015] FCA 1025

Asden Developments Pty Ltd (in liq) v Dinoris (No 2) [2015] FCA 1025

The invoice is admissible as a business record under s 69 of the Evidence Act 1995 (Cth) because it was received and retained by Auctioneering Link in the ordinary course of its business for dual purposes, and any asserted unfairness does not substantially outweigh its probative value such as to warrant exclusion under s 135.

Jurisdiction
Australia
Judgment Date
08 September 2015
Procedural Posture
Practice and Procedure / Evidentiary Ruling on Admissibility of Business Record
Outcome
admissibility of invoice as business record allowed
Legal Topics
['hearsay Rule' 'business Records Exception' 'admissibility of Evidence']
['evidence'] ['hearsay Rule' 'business Records Exception' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Practice and Procedure / Evidentiary Ruling on Admissibility of Business Record

Legal Issues

  1. 1 ['Whether the invoice is admissible as a business record under s 69 of the Evidence Act 1995 (Cth)' 'Whether the Court should exercise its discretion under s 135 of the Evidence Act to exclude the invoice']

Ratio Decidendi

The invoice is admissible as a business record under s 69 of the Evidence Act 1995 (Cth) because it was received and retained by Auctioneering Link in the ordinary course of its business for dual purposes, and any asserted unfairness does not substantially outweigh its probative value such as to warrant exclusion under s 135.

Court Disposition

admissibility of invoice as business record allowed

Orders

  • ['The tender of the invoice as a business record of Auctioneering Link is allowed.']