Holder, Raymond v Searle, Bradley William (No 3) [1997] FCA 1164

Holder, Raymond v Searle, Bradley William (No 3) [1997] FCA 1164

Mr Pertsch's statement that Universal Canada produced the film was a statement of fact from personal knowledge, not solely reliant on inspection of documents, thus admissible. The objection to admissibility was overruled.

Jurisdiction
Australia
Judgment Date
24 September 1997
Procedural Posture
Objection to Admissibility of Evidence / Ruling on Evidentiary Objection
Outcome
Objection to admissibility overruled
Legal Topics
['admissibility of Affidavits' 'proof of Copyright Ownership']
['evidence Law' 'copyright'] ['admissibility of Affidavits' 'proof of Copyright Ownership']

Case Brief

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Procedural Posture

Objection to Admissibility of Evidence / Ruling on Evidentiary Objection

Legal Issues

  1. 1 ["Whether paragraph 8.1 of Mr Pertsch's affidavit is inadmissible as secondary evidence of documents without compliance with s 48 of the Evidence Act 1995 (Cth)"]

Ratio Decidendi

Mr Pertsch's statement that Universal Canada produced the film was a statement of fact from personal knowledge, not solely reliant on inspection of documents, thus admissible. The objection to admissibility was overruled.

Court Disposition

Objection to admissibility overruled

Orders

  • ["Objection to admissibility of the contents of Mr E Pertsch's affidavit is overruled"]