Official Trustee in Bankruptcy v. D'Jamirze & Ors. [1999] NSWSC 986

Official Trustee in Bankruptcy v. D'Jamirze & Ors. [1999] NSWSC 986

Both the agreement and receipt document are to be admitted into evidence: the agreement on the basis all signatories will be made available for cross-examination, and the receipt as a receipt document only (not as evidence of the truth of its contents), given lack of sworn evidence as to its origins and non-compliance with authentication request.

Parties
Plaintiff: Official Trustee in Bankruptcy; Defendants: Valentina D'Jamirze (and ten others - see court file)
Jurisdiction
Australia
Judgment Date
23 September 1999
Procedural Posture
Equity Proceeding / Interlocutory Ruling on Admissibility of Documents
Outcome
Objection to admissibility dismissed (documents admitted with conditions)
Legal Topics
Admissibility of Documents, Authenticity of Evidence, Requests for Evidence
Evidence Admissibility of Documents Authenticity of Evidence Requests for Evidence

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Parties

Official Trustee in Bankruptcy

Plaintiff

Valentina D'Jamirze (and ten others - see court file)

Defendants

Procedural Posture

Equity Proceeding / Interlocutory Ruling on Admissibility of Documents

Legal Issues

  1. 1 Whether documents (agreement and receipt) should be admitted into evidence given non-compliance with request for authentication under Evidence Act 1995 (NSW) ss.166, 167, 169.

Ratio Decidendi

Both the agreement and receipt document are to be admitted into evidence: the agreement on the basis all signatories will be made available for cross-examination, and the receipt as a receipt document only (not as evidence of the truth of its contents), given lack of sworn evidence as to its origins and non-compliance with authentication request.

Court Disposition

Objection to admissibility dismissed (documents admitted with conditions)

Orders

  • Both the agreement and the receipt documents are admitted into evidence subject to conditions set out in the judgment.