Commonwealth Bank of Australia v Jason Hamilton; Commonwealth Bank of Australia v Karen Hamilton [2010] NSWSC 1140

Commonwealth Bank of Australia v Jason Hamilton; Commonwealth Bank of Australia v Karen Hamilton [2010] NSWSC 1140

Paragraphs 1-51, 52-55 and 56-66 of Mr Webb's affidavit were admissible because they were adverse to Mr Webb's interests and could rationally affect, directly or indirectly, the assessment of issues concerning breach of legal retainer and breach of warranty of authority. Paragraph 68 to the end was not shown to be adverse to Mr Webb's interests or relevant under s 55, and its tender was rejected.

Jurisdiction
Australia
Judgment Date
29 September 2010
Procedural Posture
Civil Proceedings / Procedural Ruling on Application to Tender Affidavit Evidence
Outcome
Affidavit tender admitted in part and rejected in part.
Legal Topics
['tender of Affidavit' 'admissions' 'hearsay Rule' 'relevance' 'breach of Warranty of Authority' 'breach of Duty of Care' 'legal Retainer']
['civil Procedure' 'evidence'] ['tender of Affidavit' 'admissions' 'hearsay Rule' 'relevance' 'breach of Warranty of Authority' 'breach of Duty of Care' 'legal Retainer']

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Procedural Posture

Civil Proceedings / Procedural Ruling on Application to Tender Affidavit Evidence

Legal Issues

  1. 1 ["Whether paragraphs of Peter James Webb's affidavit were admissible as admissions under the Evidence Act 1995." "Whether the previous representations in the affidavit were adverse to Mr Webb's interests in the outcome of the proceeding." 'Whether the affidavit paragraphs were relevant evidence under s 55 of the Evidence Act 1995.' 'Whether paragraph 68 to the end of the affidavit should be admitted or rejected.']

Ratio Decidendi

Paragraphs 1-51, 52-55 and 56-66 of Mr Webb's affidavit were admissible because they were adverse to Mr Webb's interests and could rationally affect, directly or indirectly, the assessment of issues concerning breach of legal retainer and breach of warranty of authority. Paragraph 68 to the end was not shown to be adverse to Mr Webb's interests or relevant under s 55, and its tender was rejected.

Court Disposition

Affidavit tender admitted in part and rejected in part.

Orders

  • ['Admit pars 1-51, 52-55, 56-66 of affidavit of Peter James Webb, sworn 17 September 2009.' 'Reject the tender of par 68 to the end.']