In the Matter of Enviro Energy Australia Pty Ltd (in liquidation) [2010] NSWSC 1217

In the Matter of Enviro Energy Australia Pty Ltd (in liquidation) [2010] NSWSC 1217

Annexure A was excluded because it was not admissible under either the business records exception or the opinion rule, and would in any event be excluded under s 135 due to lack of author qualifications and insufficient exposure of bases for opinion.

Parties
Applicant: Michael Ayoub; 1st Respondent: Chief Commissioner of State Revenue; 2nd Respondent: Bruce Gleeson (Liquidator of defendant); Interested Party: Perpetual Trustee Company Limited; Interested Party: Challenger Managed Investments Limited
Jurisdiction
Australia
Judgment Date
23 September 2010
Procedural Posture
Procedural and Other Rulings / Evidence Admissibility Ruling
Outcome
Annexure A rejected.
Legal Topics
Admissibility of Market Assessment, Business Records Exception, Opinion Rule, Evidence Exclusion Under S 135
Evidence Admissibility of Market Assessment Business Records Exception Opinion Rule Evidence Exclusion Under S 135

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Parties

Michael Ayoub

Applicant

Chief Commissioner of State Revenue

1st Respondent

Bruce Gleeson (Liquidator of defendant)

2nd Respondent

Perpetual Trustee Company Limited

Interested Party

Challenger Managed Investments Limited

Interested Party

Procedural Posture

Procedural and Other Rulings / Evidence Admissibility Ruling

Legal Issues

  1. 1 Whether a market assessment document is admissible as evidence of value under the business records exception in s 69 of the Evidence Act 1995 (NSW)
  2. 2 Whether the market assessment is excluded by the opinion rule (s 76)
  3. 3 Whether the evidence should be excluded under s 135 of the Evidence Act 1995 (NSW)

Ratio Decidendi

Annexure A was excluded because it was not admissible under either the business records exception or the opinion rule, and would in any event be excluded under s 135 due to lack of author qualifications and insufficient exposure of bases for opinion.

Court Disposition

Annexure A rejected.

Orders

  • Annexure A to Mr Cachia's report is rejected as inadmissible evidence.