Peri Australia Pty Limited v Celtic Form Pty Limited [2009] NSWDC 393

Peri Australia Pty Limited v Celtic Form Pty Limited [2009] NSWDC 393

The paragraphs objected to are assertions of business transactions by Mr McGuire and do not constitute expressions of opinion breaching the opinion rule under s 79 of the Evidence Act 1995. The documents and statements are relevant and admissible, and form alone is not a ground for exclusion.

Parties
Plaintiff: Peri Australia Pty Limited; First Defendant: Celtic Form Pty Limited
Jurisdiction
Australia
Judgment Date
06 October 2009
Procedural Posture
Civil / Evidentiary Objection Ruling
Outcome
The paragraphs are relevant and admissible.
Legal Topics
Evidence, Opinion Rule, Admissibility, Relevance
Civil Law Evidence Opinion Rule Admissibility Relevance

Case Brief

Summary, issues, holding and outcome

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Parties

Peri Australia Pty Limited

Plaintiff

Celtic Form Pty Limited

First Defendant

Procedural Posture

Civil / Evidentiary Objection Ruling

Legal Issues

  1. 1 Whether paragraphs 37 to 52 of Exhibit 1 are inadmissible due to breach of opinion rule, issues of form, or relevance.

Ratio Decidendi

The paragraphs objected to are assertions of business transactions by Mr McGuire and do not constitute expressions of opinion breaching the opinion rule under s 79 of the Evidence Act 1995. The documents and statements are relevant and admissible, and form alone is not a ground for exclusion.

Court Disposition

The paragraphs are relevant and admissible.