PPK Willoughby Pty Ltd v Baird [2019] NSWSC 704

PPK Willoughby Pty Ltd v Baird [2019] NSWSC 704

Paragraph 50 of Mr Webb’s affidavit is inadmissible because, given the evidence is proffered on behalf of the plaintiff, s 5D(3) applies to exclude it as if it were the plaintiff’s own statement, and/or it is irrelevant.

Parties
Plaintiff: PPK Willoughby Pty Ltd; Defendants: David Baird and others (2nd to 106th Defendants)
Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Negligence / Interlocutory Application Regarding Admissibility of Evidence
Outcome
Objection upheld; evidence excluded
Legal Topics
Affidavit Evidence, Relevance, Admissibility, Section 5 D(3) Civil Liability Act
Evidence Tort Law Affidavit Evidence Relevance Admissibility Section 5 D(3) Civil Liability Act

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Parties

PPK Willoughby Pty Ltd

Plaintiff

David Baird and others (2nd to 106th Defendants)

Defendants

Procedural Posture

Negligence / Interlocutory Application Regarding Admissibility of Evidence

Legal Issues

  1. 1 Whether paragraph 50 of Mr Webb's affidavit is admissible
  2. 2 Whether Civil Liability Act 2002 (NSW), s 5D(3) applies to evidence given by directors of a corporate plaintiff
  3. 3 Whether the evidence is relevant

Ratio Decidendi

Paragraph 50 of Mr Webb’s affidavit is inadmissible because, given the evidence is proffered on behalf of the plaintiff, s 5D(3) applies to exclude it as if it were the plaintiff’s own statement, and/or it is irrelevant.

Court Disposition

Objection upheld; evidence excluded

Orders

  • Paragraph 50 of Mr Webb's affidavit rejected