Chel v Fairfax Media Publication Pty Ltd (No 3) [2017] NSWSC 61

Chel v Fairfax Media Publication Pty Ltd (No 3) [2017] NSWSC 61

Police documents made in investigating alleged assaults or supporting charges were excluded under s 69(3) as proof of their representations, while internal incident records, interrogatory answers, court attendance notices used to connect incidents, records of court outcomes, and COPS summaries reflecting monitoring or patrol activity rather than criminal investigations were admitted. Police facts sheets were excluded under s 135 because their prejudicial effect outweighed their limited probative value when tendered only to connect court outcomes to incidents.

Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Defamation Proceeding; Evidentiary Ruling / During Trial, on the Admissibility of a Bundle of Documents Tendered by the Defendants in Cross Examination
Outcome
Parts of the bundle admitted and parts excluded.
Legal Topics
['business Records Exception' 'evidence Act 2005 (nsw) S 69(3)' 'documents Prepared for or in Connection With Proceedings' 'investigations Relating to Criminal Proceedings' 'prejudicial Effect Under Evidence Act S 135' 'substantial Truth Defence']
['evidence' 'defamation' 'civil Procedure'] ['business Records Exception' 'evidence Act 2005 (nsw) S 69(3)' 'documents Prepared for or in Connection With Proceedings' 'investigations Relating to Criminal Proceedings' 'prejudicial Effect Under Evidence Act S 135' 'substantial Truth Defence']

Case Brief

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Procedural Posture

Defamation Proceeding; Evidentiary Ruling / During Trial, on the Admissibility of a Bundle of Documents Tendered by the Defendants in Cross Examination

Legal Issues

  1. 1 ["Whether documents recording incidents at the plaintiff's nightclub were admissible as business records." 'Whether representations in police documents were excluded by Evidence Act 2005 (NSW) s 69(3) because they were prepared or obtained for proceedings or made in connection with an investigation relating or leading to criminal proceedings.' 'Whether police COPS event summaries prepared during licensing monitoring or patrols were made in connection with investigations relating to criminal proceedings.' 'Whether police facts sheets should be excluded under Evidence Act s 135 when tendered only to connect court outcomes with nightclub incidents.']

Ratio Decidendi

Police documents made in investigating alleged assaults or supporting charges were excluded under s 69(3) as proof of their representations, while internal incident records, interrogatory answers, court attendance notices used to connect incidents, records of court outcomes, and COPS summaries reflecting monitoring or patrol activity rather than criminal investigations were admitted. Police facts sheets were excluded under s 135 because their prejudicial effect outweighed their limited probative value when tendered only to connect court outcomes to incidents.

Court Disposition

Parts of the bundle admitted and parts excluded.

Orders

  • ['Tab 1: answer to interrogatory admitted; COPS Event Summary rejected.' 'Tab 2: answers to interrogatory, incident report, Court Attendance Notice and police computer outcome records admitted; facts sheet excluded.' "Tab 3: answers to interrogatories, plaintiff's internal workbook entries, Court Attendance Notice...