Refina Pty Ltd v Binnie [2009] NSWSC 311

Refina Pty Ltd v Binnie [2009] NSWSC 311

Although Mr Whiffen's authority as contract farm manager extended to fencing work and arrangements necessary for that work, including statements about access to adjoining properties for fencing, it did not extend to statements about title to the property, legal advice received by Mr Binnie, or compromise of a boundary dispute. The critical part of the 14 June 2007 conversation was therefore outside the scope of Mr Whiffen's authority and was not admissible under Evidence Act 1995 (NSW) s 87.

Jurisdiction
Australia
Judgment Date
20 March 2009
Procedural Posture
Procedural and Other Ruling / Application to Admit Parts of Affidavit Previously Rejected as Hearsay Following Cross Examination
Outcome
Tender rejected.
Legal Topics
['hearsay' 'admissions Made With Authority' 'evidence Act 1995 (nsw) S 87' 'authority of Contractor or Agent']
['evidence' 'civil Procedure'] ['hearsay' 'admissions Made With Authority' 'evidence Act 1995 (nsw) S 87' 'authority of Contractor or Agent']

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Procedural Posture

Procedural and Other Ruling / Application to Admit Parts of Affidavit Previously Rejected as Hearsay Following Cross Examination

Legal Issues

  1. 1 ["Whether parts of Mr Halpin's affidavit recounting conversations with Mr Whiffen should be admitted as admissions on behalf of Mr Binnie under Evidence Act 1995 (NSW) s 87." 'Whether it was reasonably open to find that Mr Whiffen had authority to make statements on behalf of Mr Binnie about the matters in the critical part of the 14 June 2007 conversation.']

Ratio Decidendi

Although Mr Whiffen's authority as contract farm manager extended to fencing work and arrangements necessary for that work, including statements about access to adjoining properties for fencing, it did not extend to statements about title to the property, legal advice received by Mr Binnie, or compromise of a boundary dispute. The critical part of the 14 June 2007 conversation was therefore outside the scope of Mr Whiffen's authority and was not admissible under Evidence Act 1995 (NSW) s 87.

Court Disposition

Tender rejected.

Orders

  • ['Tender rejected.']