Hossain v Unity Grammar College Ltd and Ors (2) [2018] NSWSC 1206

Hossain v Unity Grammar College Ltd and Ors (2) [2018] NSWSC 1206

The plan is relevant and authentic as it was provided to the inspector by and on behalf of the School, and the recorded difference in orientation of the LPG tank is explained by the notes indicating it was moved. Therefore, the plan is admissible, although its evidentiary weight regarding whether it proves what is alleged remains uncertain.

Jurisdiction
Australia
Judgment Date
24 July 2018
Procedural Posture
Evidence Ruling / Interlocutory
Outcome
Plan admitted as Exhibit 3D1
Legal Topics
['tender of Plan' 'admissibility of Evidence' 'relevance of Documents' 'authenticity of Documents']
['evidence'] ['tender of Plan' 'admissibility of Evidence' 'relevance of Documents' 'authenticity of Documents']

Case Brief

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Procedural Posture

Evidence Ruling / Interlocutory

Legal Issues

  1. 1 ['Whether the hydraulic services plan is admissible as evidence; whether the plan is the final version; whether the plan was referred to in the relevant contract; whether differences between the plan and construction affect admissibility']

Ratio Decidendi

The plan is relevant and authentic as it was provided to the inspector by and on behalf of the School, and the recorded difference in orientation of the LPG tank is explained by the notes indicating it was moved. Therefore, the plan is admissible, although its evidentiary weight regarding whether it proves what is alleged remains uncertain.

Court Disposition

Plan admitted as Exhibit 3D1

Orders

  • ["Plan titled 'Proposed Unity Grammar School - Hydraulic Services' is admitted as Exhibit 3D1"]