Blomfield v Nationwide News Pty Ltd (No 2) [2009] NSWSC 978

The documents in question, being authored or received by Ms Dye and relating to her credibility and state of mind, have substantial probative value in the context of the case. They are relevant and not unfairly prejudicial, and where applicable, qualify as business records. Accordingly, the documents were admitted into evidence.

Parties: Plaintiff: Michael Blomfield; First Defendant: Nationwide News Pty Ltd; Second Defendant: News Digital Media Pty Ltd
Jurisdiction: Australia
Judgment Date: 15 September 2009
Procedural Posture: Defamation / Interlocutory Evidentiary Ruling
Outcome: Documents admitted
Legal Topics: Admissibility, Relevance, Credibility, Previous Representation, Business Records, Probative Value, Unfair Prejudice

Evidence Defamation Admissibility Relevance Credibility Previous Representation Business Records Probative Value +1 more

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Parties

Michael Blomfield

Plaintiff

Nationwide News Pty Ltd

First Defendant

News Digital Media Pty Ltd

Second Defendant

Procedural Posture

Defamation / Interlocutory Evidentiary Ruling

Legal Issues

1 Whether the tendered documents are admissible in evidence under the Evidence Act 1995
2 Whether the documents are relevant and have substantial probative value relating to Ms Dye's credit and state of mind
3 Whether the documents qualify as business records under s 69 of the Evidence Act 1995

Ratio Decidendi

Court Disposition

Documents admitted

Orders

The disputed documents (emails and attachments) tendered by the plaintiff are admitted into evidence.