Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer (No 2) [2013] NSWDC 298

Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer (No 2) [2013] NSWDC 298

The material containing previous representations of Mr Dobeson is not admissible under s 64 of the Evidence Act 1995 as there is no evidence before the court that calling Mr Dobeson is not reasonably practicable, or that undue expense or delay would occur. Therefore, the hearsay rule applies, and the tender is rejected except against those parties who did not object and against whom other admissibility provisions may apply.

Jurisdiction
Australia
Judgment Date
13 November 2013
Procedural Posture
Civil / Interlocutory Evidentiary Ruling
Outcome
Documentary material admitted as exhibit K against Mr Dobeson and the insurer; not admitted as evidence against Mr Hammond or the club.
Legal Topics
['admissibility of Documentary Evidence' 'hearsay Rule' 'case Management']
['evidence' 'civil Procedure'] ['admissibility of Documentary Evidence' 'hearsay Rule' 'case Management']

Case Brief

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Procedural Posture

Civil / Interlocutory Evidentiary Ruling

Legal Issues

  1. 1 ['Whether documentary evidence, specifically a record of interview, is admissible under s 64 of the Evidence Act 1995 in circumstances where the maker is available' 'Applicability of the just, quick and cheap resolution standard under s 56 of the Civil Procedure Act 2005 to admissibility of evidence at trial']

Ratio Decidendi

The material containing previous representations of Mr Dobeson is not admissible under s 64 of the Evidence Act 1995 as there is no evidence before the court that calling Mr Dobeson is not reasonably practicable, or that undue expense or delay would occur. Therefore, the hearsay rule applies, and the tender is rejected except against those parties who did not object and against whom other admissibility provisions may apply.

Court Disposition

Documentary material admitted as exhibit K against Mr Dobeson and the insurer; not admitted as evidence against Mr Hammond or the club.

Orders

  • ['Material admitted as exhibit K against Mr Dobeson and the insurer.' 'Material not admitted as evidence against Mr Hammond or Sussex Inlet RSL Club Ltd.']