Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 5) [2015] NSWSC 1184

Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 5) [2015] NSWSC 1184

Paragraph 13 was admissible because it was admitted only as general evidence of the different costings relevant to air drilling and mud drilling, not as evidence of Mr McKinnon's subjective intention or as proof of a contractual term allocating the decision to use mud drilling to the first defendant alone.

Jurisdiction
Australia
Judgment Date
18 August 2015
Procedural Posture
Common Law Civil Proceeding / Procedural Ruling on Admissibility of Paragraph 13 of Mr Mc Kinnon's Witness Statement During Hearing
Outcome
Paragraph 13 of Mr McKinnon's statement allowed.
Legal Topics
['admissibility of Witness Statement Evidence' 'air Drilling and Mud Drilling Costs' 'contractual Interpretation and Objective Theory of Contract']
['civil Procedure' 'evidence' 'contract Law'] ['admissibility of Witness Statement Evidence' 'air Drilling and Mud Drilling Costs' 'contractual Interpretation and Objective Theory of Contract']

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Procedural Posture

Common Law Civil Proceeding / Procedural Ruling on Admissibility of Paragraph 13 of Mr Mc Kinnon's Witness Statement During Hearing

Legal Issues

  1. 1 ["Whether paragraph 13 of Mr McKinnon's statement should be admitted into evidence." 'Whether paragraph 13 was being tendered as evidence of the legal relationship or a contractual term between the first and second defendants, or only as general evidence about the cost differences between air drilling and mud drilling.']

Ratio Decidendi

Paragraph 13 was admissible because it was admitted only as general evidence of the different costings relevant to air drilling and mud drilling, not as evidence of Mr McKinnon's subjective intention or as proof of a contractual term allocating the decision to use mud drilling to the first defendant alone.

Court Disposition

Paragraph 13 of Mr McKinnon's statement allowed.

Orders

  • ["Paragraph 13 of Mr McKinnon's statement allowed."]