Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 337

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 337

The hard disk is admissible because, on the balance of probabilities, file 22 consists of a copy (though a copy of a copy) originating from a document maintained by the fourth defendant as at 28 June 1996, falling within the meaning and requirements of s 48(4) of the Evidence Act 1995, and its tender does not contradict the pleading particulars.

Jurisdiction
Australia
Judgment Date
19 April 2002
Procedural Posture
Equity / Interlocutory Application on Admissibility of Evidence
Outcome
Application for admission of computer hard disk as evidence granted.
Legal Topics
['documentary Evidence' 'secondary Evidence' 'admissibility of Computer Records']
['evidence'] ['documentary Evidence' 'secondary Evidence' 'admissibility of Computer Records']

Case Brief

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Procedural Posture

Equity / Interlocutory Application on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether a computer hard disk containing a copy of a relevant computer file is admissible as evidence under s 48(4) of the Evidence Act 1995' 'Whether failure to tender originally pleaded exhibit prevents reliance on alternative copy' 'Whether admissibility can be refused due to absence of current printout of the file']

Ratio Decidendi

The hard disk is admissible because, on the balance of probabilities, file 22 consists of a copy (though a copy of a copy) originating from a document maintained by the fourth defendant as at 28 June 1996, falling within the meaning and requirements of s 48(4) of the Evidence Act 1995, and its tender does not contradict the pleading particulars.

Court Disposition

Application for admission of computer hard disk as evidence granted.

Orders

  • ['Computer hard disk (hard disk containing computer file number 22) admitted into evidence.']