KEANE v CARAVAN CITY COWRA PTY LTD & ANOR [2006] NSWSC 942

KEANE v CARAVAN CITY COWRA PTY LTD & ANOR [2006] NSWSC 942

The report was a business record, but the admissibility and use of its representations had to be assessed separately. The first representation, insofar as it asserted the defendants' belief or intention about sale and operation of the business, was admitted only as evidence of the defendants' state of mind or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 September 2006
Procedural Posture
Common Law Civil Personal Injury Negligence Claim / Interlocutory Judgment on Admissibility of Evidence
Outcome
The document was admitted as Exhibit 36 subject to conditions limiting the use of specified representations.
Legal Topics
['business Records Exception to Hearsay' 'evidence Act 1995 (nsw) S 69' 'representations About State of Mind' 'personal Knowledge' 'documents Prepared or Obtained in Contemplation of Proceedings' 'residual Discretion to Exclude Evidence']
['evidence' 'civil Procedure' 'personal Injury' 'negligence'] ['business Records Exception to Hearsay' 'evidence Act 1995 (nsw) S 69' 'representations About State of Mind' 'personal Knowledge' 'documents Prepared or Obtained in Contemplation of Proceedings' 'residual Discretion to Exclude Evidence']

Source-derived case record

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Procedural Posture

Common Law Civil Personal Injury Negligence Claim / Interlocutory Judgment on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether an insurance broker's report produced on subpoena was admissible as a business record under s.69 of the Evidence Act 1995 (NSW)." 'Whether representations in the report were excluded because they were prepared or obtained for, or in contemplation of, proceedings.' "Whether representations about another person's state of mind were based on personal knowledge within the meaning of the Evidence Act 1995 (NSW)." "Whether the Court should exercise its residual discretion under s.135 of the Evidence Act 1995 (NSW) to exclude representations about another person's state of mind."]

Ratio Decidendi

The report was a business record, but the admissibility and use of its representations had to be assessed separately. The first representation, insofar as it asserted the defendants' belief or intention about sale and operation of the business, was admitted only as evidence of the defendants' state of mind or intention, including because the personal defendants were to be called, but not as proof of the plaintiff's state of mind. The second representation was admitted only to prove the state of contract documents prepared or received by Mr Casey or his office. Representations about another person's state of mind were not based on the representor's personal knowledge and, in any event,...

Court Disposition

The document was admitted as Exhibit 36 subject to conditions limiting the use of specified representations.

Orders

  • ['The First Representation is admitted but its use is confined to the proof of the state of mind and/or intention of the defendants.' 'The Second Representation is admitted to prove only the state of the contract documents prepared and/or received by Mr Casey or in his office.' 'The Third Representation is admitted...