Lym International Pty Ltd v Chen; Marcolongo v Lym International Pty Ltd [2008] NSWSC 1156

Lym International Pty Ltd v Chen; Marcolongo v Lym International Pty Ltd [2008] NSWSC 1156

The evidence does not establish that Jasmine Liu was a person with personal knowledge as required by s 69(2) of the Evidence Act, so the calculations at par 7(a)-(c) are inadmissible. However, the draft agreement in par 7(d) may be admitted, subject to further evidence regarding its creation, as a business document.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 2008
Procedural Posture
Equity / Evidentiary Ruling on Admissibility of Documents at Trial
Outcome
Some documents rejected and one admitted as business document.
Legal Topics
['documentary Evidence' 'business Records' 'hearsay Rule']
['evidence'] ['documentary Evidence' 'business Records' 'hearsay Rule']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Equity / Evidentiary Ruling on Admissibility of Documents at Trial

Legal Issues

  1. 1 ['Whether certain calculations of indebtedness are admissible as business records under s 69 of the Evidence Act 1995' 'Whether a draft agreement qualifies as a business document under s 69']

Ratio Decidendi

The evidence does not establish that Jasmine Liu was a person with personal knowledge as required by s 69(2) of the Evidence Act, so the calculations at par 7(a)-(c) are inadmissible. However, the draft agreement in par 7(d) may be admitted, subject to further evidence regarding its creation, as a business document.

Court Disposition

Some documents rejected and one admitted as business document.

Orders

  • ['Tender of documents at par 7(a), (b), and (c) rejected.' 'Document at par 7(d) admitted as a business record.']