Craig Riley v Chubb Security Services Ltd and Anor (No. 1) [2008] NSWDC 83

Craig Riley v Chubb Security Services Ltd and Anor (No. 1) [2008] NSWDC 83

The transcript was not a business record of Allianz Australia Insurance Ltd because it was not made by a relevant person in the course of the insurer’s business, nor was it adopted by the person whose statement is relied upon. The transcript was not an admission by the defendant as required under the Evidence Act...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 March 2008
Procedural Posture
Civil / Application to Tender Document
Outcome
The tender of the document is rejected.
Legal Topics
['admissibility of Business Records' 'admissions in Evidence']
['evidence' 'personal Injury'] ['admissibility of Business Records' 'admissions in Evidence']

Source-derived case record

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Procedural Posture

Civil / Application to Tender Document

Legal Issues

  1. 1 ['Whether transcript of interview is admissible as a business record under Evidence Act 1995' 'Whether the transcript constitutes an admission under Evidence Act 1995']

Ratio Decidendi

The transcript was not a business record of Allianz Australia Insurance Ltd because it was not made by a relevant person in the course of the insurer’s business, nor was it adopted by the person whose statement is relied upon. The transcript was not an admission by the defendant as required under the Evidence Act 1995, as it was not signed or otherwise adopted by the relevant employee.

Court Disposition

The tender of the document is rejected.

Orders

  • ['The document is rejected as evidence.']