Tasmanian Conservation Trust Inc. v. Minister for Resources & Anor [1994] FCA 944

Tasmanian Conservation Trust Inc. v. Minister for Resources & Anor [1994] FCA 944

The statement by Mr Dalton, as Acting Assistant Secretary, regarding the sources of saw logs (the first sentence) is admissible as an admission against the Minister because he had sufficient authority and involvement to make such an admission on a factual matter. The opinion expressed in the second sentence is not...

Source-derived case information.

Parties
Applicant: Tasmanian Conservation Trust Incorporated; First Respondent: Minister for Resources; Second Respondent: Gunns (implied as second respondent)
Jurisdiction
Australia
Judgment Date
17 November 1994
Procedural Posture
Application / Evidentiary Ruling on Admissibility of Statement
Outcome
Statement partially admitted
Legal Topics
Admissibility of Evidence, Admissions by Agents, Australian Heritage Commission Act 1975, Environment Protection (impact of Proposals) Act 1974
Administrative Law Environmental Law Admissibility of Evidence Admissions by Agents Australian Heritage Commission Act 1975 Environment Protection (impact of Proposals) Act 1974

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Summary, issues, holding and outcome

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Parties

Tasmanian Conservation Trust Incorporated

Applicant

Minister for Resources

First Respondent

Gunns (implied as second respondent)

Second Respondent

Procedural Posture

Application / Evidentiary Ruling on Admissibility of Statement

Legal Issues

  1. 1 Whether a statement by an Acting Assistant Secretary can be admitted as an admission against the Minister for Resources
  2. 2 Whether the opinion in the statement is admissible against the Minister for the purpose relied on

Ratio Decidendi

The statement by Mr Dalton, as Acting Assistant Secretary, regarding the sources of saw logs (the first sentence) is admissible as an admission against the Minister because he had sufficient authority and involvement to make such an admission on a factual matter. The opinion expressed in the second sentence is not admissible as it is tangential to the matters required to be established by the applicant and not directly relevant to the present proceedings.

Court Disposition

Statement partially admitted

Orders

  • First sentence of statement in letter dated 10 January 1994 admitted as an admission against the Minister; second sentence rejected.