Drabsch v Switzerland General Insurance Co Ltd [1999] NSWSC 1030

Drabsch v Switzerland General Insurance Co Ltd [1999] NSWSC 1030

MFI 9 was produced in answer to a subpoena to Swiss Re Australia, indicating it was kept since 1990 as part of that company's business records. Even where the fax referred to hospitality, the hospitality was afforded in the course of business conducted by the respective companies, and there was no evidence of any friendship or social relationship outside the business context. The representations were therefore made in the course of or for the purposes of a business and were admissible under s 69.

Jurisdiction
Australia
Judgment Date
06 October 1999
Procedural Posture
Equity Proceeding / Trial Judgment on Admissibility of MFI 9
Outcome
Objection overruled; statements admitted.
Legal Topics
['documentary Evidence' 'business Records' 'hearsay Exception' 'evidence Act 1995, S 69']
['evidence'] ['documentary Evidence' 'business Records' 'hearsay Exception' 'evidence Act 1995, S 69']

Case Brief

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Procedural Posture

Equity Proceeding / Trial Judgment on Admissibility of MFI 9

Legal Issues

  1. 1 ['Whether MFI 9 was admissible as a business record under Evidence Act 1995, s 69.' 'Whether representations in MFI 9 concerning hospitality or social occasions were made or recorded in the course of or for the purposes of a business.']

Ratio Decidendi

MFI 9 was produced in answer to a subpoena to Swiss Re Australia, indicating it was kept since 1990 as part of that company's business records. Even where the fax referred to hospitality, the hospitality was afforded in the course of business conducted by the respective companies, and there was no evidence of any friendship or social relationship outside the business context. The representations were therefore made in the course of or for the purposes of a business and were admissible under s 69.

Court Disposition

Objection overruled; statements admitted.

Orders

  • ['MFI 9 and all representations in it are admitted.' 'MFI 9 will be marked Exhibit P 39.']