Grace v Grace [2010] NSWSC 1526

Grace v Grace [2010] NSWSC 1526

Although the file note was a business record, the relevant representations in it were prepared or obtained in connection with Australian proceedings already before the Court, because Hunts Lawyers were acting for the defendants in those proceedings and the information sought flowed from the provisional liquidator's activities in those proceedings. Section 69(3) therefore made the business records exception unavailable, and no other basis of admissibility was suggested.

Jurisdiction
Australia
Judgment Date
24 November 2010
Procedural Posture
Procedural and Other Ruling / Tender of Document in Evidence
Outcome
Tender rejected
Legal Topics
['hearsay' 'business Records Exception' 'previous Representation Made in Connection With a Proceeding']
['evidence'] ['hearsay' 'business Records Exception' 'previous Representation Made in Connection With a Proceeding']

Case Brief

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Procedural Posture

Procedural and Other Ruling / Tender of Document in Evidence

Legal Issues

  1. 1 ["Whether a solicitor's file note of a telephone conversation was admissible under the business records exception to the hearsay rule in (NSW) Evidence Act 1995, s 69." 'Whether the relevant representations were prepared or obtained for the purpose of conducting, in contemplation of, or in connection with an Australian proceeding within s 69(3).']

Ratio Decidendi

Although the file note was a business record, the relevant representations in it were prepared or obtained in connection with Australian proceedings already before the Court, because Hunts Lawyers were acting for the defendants in those proceedings and the information sought flowed from the provisional liquidator's activities in those proceedings. Section 69(3) therefore made the business records exception unavailable, and no other basis of admissibility was suggested.

Court Disposition

Tender rejected

Orders

  • ['Reject tender of document.' 'Document marked for identification only as MFI 246.']