Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 3) [2015] NSWSC 1126

Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 3) [2015] NSWSC 1126

Mr Thomson's statement is relevant to determining issues about the nature and content of any duty owed by the first defendant and whether it breached any such duty. The statement is admissible under s 64 Evidence Act 1995 (NSW) and its admission does not cause unfairness to the parties.

Jurisdiction
Australia
Judgment Date
10 August 2015
Procedural Posture
Civil / Procedural Ruling on Admissibility of Evidence
Outcome
Document admitted into evidence
Legal Topics
['admissibility of Evidence' 'hearsay' 'relevance' 'fair Hearing']
['civil Procedure'] ['admissibility of Evidence' 'hearsay' 'relevance' 'fair Hearing']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the statement made by Mr Thomson is relevant to a fact in issue' 'Whether the statement is admissible under s 64 Evidence Act 1995 (NSW)' 'Whether tendering the statement causes unfairness to the parties']

Ratio Decidendi

Mr Thomson's statement is relevant to determining issues about the nature and content of any duty owed by the first defendant and whether it breached any such duty. The statement is admissible under s 64 Evidence Act 1995 (NSW) and its admission does not cause unfairness to the parties.

Court Disposition

Document admitted into evidence

Orders

  • ['I admit the document under the provisions of s 64 Evidence Act 1995']