Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Greentree; Merrywinebone Pty Ltd; Harris (No 4) [2020] NSWLEC 130

Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Greentree; Merrywinebone Pty Ltd; Harris (No 4) [2020] NSWLEC 130

The NSW Rural Fire Service documents are admissible as business records under s 69 of the Evidence Act 1995 (NSW) because the representations were based on information supplied directly or indirectly by someone with personal knowledge of the events, and the section does not require identification of the original supplier.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Class 5 / Ruling on Evidentiary Objection
Outcome
Objection overruled; evidence admitted
Legal Topics
['business Records' 'admissibility of Evidence']
['evidence'] ['business Records' 'admissibility of Evidence']

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Procedural Posture

Class 5 / Ruling on Evidentiary Objection

Legal Issues

  1. 1 ['Whether NSW Rural Fire Service records are admissible as business records under s 69 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The NSW Rural Fire Service documents are admissible as business records under s 69 of the Evidence Act 1995 (NSW) because the representations were based on information supplied directly or indirectly by someone with personal knowledge of the events, and the section does not require identification of the original supplier.

Court Disposition

Objection overruled; evidence admitted

Orders

  • ['Material the subject of the objection is admitted. Exhibit A is supplemented by the addition of pages 218-279 (formerly in MFI-5).']