Ringrow Pty Ltd v BP Australia Ltd [2003] FCA 933

Ringrow Pty Ltd v BP Australia Ltd [2003] FCA 933

The valuation reports are not admitted because, while capable of being business records under s 69, their probative value is slight and outweighed by the dangers listed in s 135 of the Evidence Act, particularly since the reports do not squarely address the issue in question, are based on assumptions, and the valuer...

Source-derived case information.

Parties
Applicant: Ringrow Pty Ltd; Applicant: Ultimate Fuel Pty Ltd; Applicant: Nader-One Pty Ltd; Respondent: BP Australia Ltd
Jurisdiction
Australia
Judgment Date
04 September 2003
Procedural Posture
Evidentiary Ruling / Interlocutory/admissibility Ruling
Outcome
Tender of documents 89 and 94 in the applicants' bundle of primary documents is rejected.
Legal Topics
Admissibility of Expert Opinion, Business Records Exception, Hearsay Rule, Discretion to Exclude Evidence
Evidence Law Admissibility of Expert Opinion Business Records Exception Hearsay Rule Discretion to Exclude Evidence

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Parties

Ringrow Pty Ltd

Applicant

Ultimate Fuel Pty Ltd

Applicant

Nader-One Pty Ltd

Applicant

BP Australia Ltd

Respondent

Procedural Posture

Evidentiary Ruling / Interlocutory/admissibility Ruling

Legal Issues

  1. 1 Whether valuation reports are admissible under s 69 of the Evidence Act as business records
  2. 2 Whether the reports constitute opinion evidence and are exceptions to the hearsay rule
  3. 3 Whether the court should exercise its discretion under s 135 to exclude the reports

Ratio Decidendi

The valuation reports are not admitted because, while capable of being business records under s 69, their probative value is slight and outweighed by the dangers listed in s 135 of the Evidence Act, particularly since the reports do not squarely address the issue in question, are based on assumptions, and the valuer was not called for cross-examination.

Court Disposition

Tender of documents 89 and 94 in the applicants' bundle of primary documents is rejected.

Orders

  • The tender of documents 89 and 94 in the applicants' bundle of primary documents (Exhibit A) be rejected.