Ballard v Brookfield Multiplex Ltd (No 2) [2010] NSWSC 1461

Ballard v Brookfield Multiplex Ltd (No 2) [2010] NSWSC 1461

Leave to adduce evidence of the previous representation of 'contractor' in the bank records was refused under s 106(1)(b) of the Evidence Act 1995 because the evidence went only to the credit of the witness, Mr Anthony, and admitting such evidence would unnecessarily prolong the already lengthy hearing.

Jurisdiction
Australia
Judgment Date
21 December 2010
Procedural Posture
Procedural and Other Rulings / Interlocutory Application Regarding Admissibility of Evidence
Outcome
Leave refused to adduce evidence of previous representation of 'contractor' in bank records under s 106(1)(b) Evidence Act.
Legal Topics
['business Records' 'credibility of Witness' 'previous Representations' 'hearsay Rule' 'leave to Adduce Evidence']
['evidence'] ['business Records' 'credibility of Witness' 'previous Representations' 'hearsay Rule' 'leave to Adduce Evidence']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Interlocutory Application Regarding Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the bank records contained previous representations within s 69(2) of the Evidence Act 1995' 'Whether the admission of those representations as evidence is unfairly prejudicial under s 135 of the Evidence Act 1995' 'Whether leave should be granted under s 106(1)(b) of the Evidence Act 1995 to adduce evidence going only to the credit of the witness']

Ratio Decidendi

Leave to adduce evidence of the previous representation of 'contractor' in the bank records was refused under s 106(1)(b) of the Evidence Act 1995 because the evidence went only to the credit of the witness, Mr Anthony, and admitting such evidence would unnecessarily prolong the already lengthy hearing.

Court Disposition

Leave refused to adduce evidence of previous representation of 'contractor' in bank records under s 106(1)(b) Evidence Act.

Orders

  • ["Leave refused under s 106(1)(b) of the Evidence Act to the first and second defendants to adduce evidence of previous representation of 'contractor' in records produced by National Australia Bank and St George Bank."]