Mundine v Brown (No 3) [2010] NSWSC 515

Mundine v Brown (No 3) [2010] NSWSC 515

The notes were taken for the personal use of the delegate, not as part of any business or official record, nor was the Forum a business or undertaking with a commercial or mercantile character. Accordingly, the notes are not business records under s 69(1) of the Evidence Act 1995 and are inadmissible.

Parties
Plaintiff: Lana Mundine; First Defendant: Avery Brown; Second Defendant: APN News and Media Limited; Third Defendant: Daily Examiner Pty Ltd
Jurisdiction
Australia
Judgment Date
19 May 2010
Procedural Posture
Defamation / Evidentiary Ruling on Tender of Document
Outcome
Tender of document rejected
Legal Topics
Business Records, Admissibility of Evidence, Section 69 Evidence Act 1995
Evidence Business Records Admissibility of Evidence Section 69 Evidence Act 1995

Case Brief

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Parties

Lana Mundine

Plaintiff

Avery Brown

First Defendant

APN News and Media Limited

Second Defendant

Daily Examiner Pty Ltd

Third Defendant

Procedural Posture

Defamation / Evidentiary Ruling on Tender of Document

Legal Issues

  1. 1 Whether notes taken at a domestic violence forum are admissible as business records under s 69(1) of the Evidence Act 1995

Ratio Decidendi

The notes were taken for the personal use of the delegate, not as part of any business or official record, nor was the Forum a business or undertaking with a commercial or mercantile character. Accordingly, the notes are not business records under s 69(1) of the Evidence Act 1995 and are inadmissible.

Court Disposition

Tender of document rejected

Orders

  • Tender of notes from Forum meeting rejected