The Guide Dog Owners' & Friends' Association Inc v Guide Dog Association of New South Wales & ACT & Anor [1998] FCA 406

The single page of the letter does not sufficiently establish the alleged agreement and admitting it without the rest of the correspondence would be unfair and improper.

Parties: Applicant: THE GUIDE DOG OWNERS' & FRIENDS' ASSOCIATION INC; First Respondent: GUIDE DOG ASSOCIATION OF NEW SOUTH WALES & ACT; Second Respondent: ROYAL GUIDE DOGS ASSOCIATIONS OF AUSTRALIA
Jurisdiction: Australia
Judgment Date: 15 April 1998
Procedural Posture: Interlocutory Application Regarding the Admissibility of Evidence
Outcome: Tender of the first page of the letter rejected.

Case Brief

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Parties

THE GUIDE DOG OWNERS' & FRIENDS' ASSOCIATION INC

Applicant

GUIDE DOG ASSOCIATION OF NEW SOUTH WALES & ACT

First Respondent

ROYAL GUIDE DOGS ASSOCIATIONS OF AUSTRALIA

Second Respondent

Procedural Posture

Interlocutory Application Regarding the Admissibility of Evidence

Legal Issues

1 Whether to admit into evidence the first page of a letter as proof of an agreement between parties

Ratio Decidendi

The single page of the letter does not sufficiently establish the alleged agreement and admitting it without the rest of the correspondence would be unfair and improper.

Court Disposition

Tender of the first page of the letter rejected.