Sijia Guo v Yong Wei Gao [2022] NSWSC 1379

Sijia Guo v Yong Wei Gao [2022] NSWSC 1379

The transcript of the coronial inquiry is inadmissible because it was obtained for the purpose of conducting an Australian proceeding, and s 69(3)(a) excludes such documents from the business records exception; s 157 does not confer admissibility for the truth of representations in the transcript.

Jurisdiction
Australia
Judgment Date
11 October 2022
Procedural Posture
Equity / Evidentiary Ruling
Outcome
Evidence rejected
Legal Topics
['admissibility of Documentary Evidence' 'hearsay' 'business Records' 'public Documents' 'court Transcripts']
['evidence Law'] ['admissibility of Documentary Evidence' 'hearsay' 'business Records' 'public Documents' 'court Transcripts']

Case Brief

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Procedural Posture

Equity / Evidentiary Ruling

Legal Issues

  1. 1 ['Whether extracts from a coronial inquest transcript are admissible in evidence under s 69 or s 157 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The transcript of the coronial inquiry is inadmissible because it was obtained for the purpose of conducting an Australian proceeding, and s 69(3)(a) excludes such documents from the business records exception; s 157 does not confer admissibility for the truth of representations in the transcript.

Court Disposition

Evidence rejected

Orders

  • ['Tender of any extract from the transcript of the coronial inquest is rejected.']