Matinca v Coalroc [2021] NSWSC 1720

Given the low threshold for admissibility under s 55, the work order is relevant to a fact in issue, namely the road condition at the time of accident, and is admitted as a business record together with the subpoena.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 02 June 2021
Procedural Posture: Personal Injury Negligence Claim / Evidentiary Ruling During Trial
Outcome: Subpoena and work order admitted into evidence
Legal Topics: ['admissibility of Evidence' 'relevance' 'negligence' 'work Induced Fatigue']

['evidence Law' 'personal Injury'] ['admissibility of Evidence' 'relevance' 'negligence' 'work Induced Fatigue']

Source-derived case record

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Procedural Posture

Personal Injury Negligence Claim / Evidentiary Ruling During Trial

Legal Issues

1 ['Whether the work order produced under subpoena is relevant and admissible evidence regarding the cause of the single-car collision' 'Whether the scope of the subpoena encompasses work relevant to the facts in issue']

Ratio Decidendi

Court Disposition

Subpoena and work order admitted into evidence

Orders

['Subpoena and work order produced thereunder admitted as Exhibit DCB 209']

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