Singh v Singh [2007] NSWSC 1357

Singh v Singh [2007] NSWSC 1357

The paragraph in the affidavits of Sukhdev Singh, Balbir Singh, and Terlochan Singh stating 'I agree with the contents of his affidavit' was rejected because it constituted inadmissible hearsay, as it did not represent direct testimony of the deponent and infringed s.59 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
27 November 2007
Procedural Posture
Equity / Interlocutory Ruling on Admissibility of Affidavit Evidence
Outcome
Objection upheld; paragraphs rejected as inadmissible hearsay.
Legal Topics
['hearsay' 'admissibility of Affidavits' 'adoption of Affidavit Content']
['evidence'] ['hearsay' 'admissibility of Affidavits' 'adoption of Affidavit Content']

Case Brief

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Procedural Posture

Equity / Interlocutory Ruling on Admissibility of Affidavit Evidence

Legal Issues

  1. 1 ["Whether a deponent may adopt the entire contents of another witness’s affidavit by stating 'I agree with the contents of his affidavit'" 'Whether such a statement is admissible or hearsay under Evidence Act 1995 (NSW) s.59']

Ratio Decidendi

The paragraph in the affidavits of Sukhdev Singh, Balbir Singh, and Terlochan Singh stating 'I agree with the contents of his affidavit' was rejected because it constituted inadmissible hearsay, as it did not represent direct testimony of the deponent and infringed s.59 of the Evidence Act 1995.

Court Disposition

Objection upheld; paragraphs rejected as inadmissible hearsay.

Orders

  • ["The paragraph reading 'I agree with the contents of his affidavit' is rejected from the affidavits of Sukhdev Singh, Balbir Singh, and Terlochan Singh, each affirmed 18 February 2007."]