JCDecaux Australia Pty Ltd v Adshel Street Furniture Pty Ltd [2002] FCA 703
The two sentences in question are relevant and admissible as they constitute an admission by the PTC, fall within exceptions to the hearsay rule, and could affect the assessment of facts in issue, particularly regarding the purpose of the PTC's agreement with Adshel and potential contravention of s 45 of the Trade Practices Act.
- Jurisdiction
- Australia
- Judgment Date
- 03 June 2002
- Procedural Posture
- Civil / Evidentiary Ruling
- Outcome
- evidence admitted
- Legal Topics
- ['hearsay' 'admissibility of Evidence' 'trade Practices Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Evidentiary Ruling
Legal Issues
- 1 ["Whether the two sentences in paragraph 129 of Mr Barron's affidavit are admissible as evidence" 'Whether the statements constitute hearsay and if any exception applies' 'Whether the statements are relevant under the Evidence Act' 'Whether the statements constitute an admission under s 81 of the Evidence Act' 'Whether the evidence supports an issue under s 45 of the Trade Practices Act']
Ratio Decidendi
The two sentences in question are relevant and admissible as they constitute an admission by the PTC, fall within exceptions to the hearsay rule, and could affect the assessment of facts in issue, particularly regarding the purpose of the PTC's agreement with Adshel and potential contravention of s 45 of the Trade Practices Act.
Court Disposition
evidence admitted
Orders
- ["The two sentences in paragraph 129 of Mr Barron's affidavit are admitted as evidence." 'Objection to the admissibility of these sentences is overruled.']
Full Case Text
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