BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) & Anor [2010] NSWSC 1304

BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) & Anor [2010] NSWSC 1304

The statement was not admissible under the business records exception because its form and contents showed that it was prepared in contemplation of a proceeding, including a possible coronial inquiry and civil proceedings. A coronial inquiry is a proceeding for the purposes of Evidence Act 1995 s 69(3)(a) because a coroner is authorised to hear, receive and examine evidence.

Jurisdiction
Australia
Judgment Date
11 November 2010
Procedural Posture
Procedural and Other Rulings / Objection to Plaintiff's Tender of a Statement as a Business Record
Outcome
The defendants' objection was upheld and the plaintiff's tender of the statement was rejected.
Legal Topics
['business Records' 'hearsay Exception' 'representations Prepared in Contemplation of Proceedings' 'coronial Inquiry' 'evidence Act 1995 S 69']
['evidence' 'civil Procedure'] ['business Records' 'hearsay Exception' 'representations Prepared in Contemplation of Proceedings' 'coronial Inquiry' 'evidence Act 1995 S 69']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Objection to Plaintiff's Tender of a Statement as a Business Record

Legal Issues

  1. 1 ["Whether the representations in Robert Gregory Alexander's statement dated 15 May 2003 were excluded under Evidence Act 1995 s 69(3)(a) because they were prepared or obtained in contemplation of an Australian proceeding." 'Whether a coronial inquiry is an Australian proceeding for the purposes of Evidence Act 1995 s 69(3)(a).' 'Whether the statement was excluded under Evidence Act 1995 s 69(3)(b), s 76, or s 135.']

Ratio Decidendi

The statement was not admissible under the business records exception because its form and contents showed that it was prepared in contemplation of a proceeding, including a possible coronial inquiry and civil proceedings. A coronial inquiry is a proceeding for the purposes of Evidence Act 1995 s 69(3)(a) because a coroner is authorised to hear, receive and examine evidence.

Court Disposition

The defendants' objection was upheld and the plaintiff's tender of the statement was rejected.

Orders

  • ['The tender of the statement is rejected.']