Jadwan Pty Ltd v Rae & Partners (A Firm) (No 3) 2017 FCA 1045

Jadwan Pty Ltd v Rae & Partners (A Firm) (No 3) 2017 FCA 1045

The three challenged documents are admissible for all purposes as business records under s 69 of the Evidence Act 1995 (Cth), do not relevantly contain opinion evidence requiring exclusion, and discretionary exclusion under ss 135 or 136 is not warranted as any prejudice does not substantially outweigh probative value.

Jurisdiction
Australia
Judgment Date
19 July 2017
Procedural Posture
Application / Interlocutory Ruling on Admissibility of Evidence
Outcome
Objections to admissibility overruled, documents admitted into evidence for all purposes.
Legal Topics
['admissibility' 'hearsay' 'business Records' 'opinion Evidence' 'discretion to Exclude Evidence']
['evidence Law'] ['admissibility' 'hearsay' 'business Records' 'opinion Evidence' 'discretion to Exclude Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether documents objected to are hearsay and/or comprise opinion evidence' 'Whether business record exception applies under Evidence Act 1995 (Cth) s 69' 'Whether discretionary power under ss 135 and 136 should be exercised to exclude or limit evidence']

Ratio Decidendi

The three challenged documents are admissible for all purposes as business records under s 69 of the Evidence Act 1995 (Cth), do not relevantly contain opinion evidence requiring exclusion, and discretionary exclusion under ss 135 or 136 is not warranted as any prejudice does not substantially outweigh probative value.

Court Disposition

Objections to admissibility overruled, documents admitted into evidence for all purposes.

Orders

  • ['Document 156 at pages 1629 – 1631 of the Court Book is admitted into evidence for all purposes.' 'Document 209 at page 1906 – 1907 of the Court Book is admitted into evidence for all purposes.' 'Document 1065 at pages 8065 – 8067 of the Court Book is admitted into evidence for all purposes.']