Andonovski v Park-Tec Engineering Pty Ltd & Anor; Andonovski v East Realisations Pty Limited Formerly t/as Westbus Pty Ltd (No 4) [2013] NSWSC 1963

Andonovski v Park-Tec Engineering Pty Ltd & Anor; Andonovski v East Realisations Pty Limited Formerly t/as Westbus Pty Ltd (No 4) [2013] NSWSC 1963

The evidence tendered is not relevant to any matter still in issue, and does not have significant probative value in relation to the employment status of other persons under s98 Evidence Act 1995 (NSW); therefore, the tender is rejected.

Parties
Plaintiff: Vlado Andonovski; First Defendant (2007/292845): Park-Tec Engineering Pty Ltd; Second Defendant (2007/292845): Barbeques Galore Pty Ltd; First Defendant (2008/316044): East Realisations Pty Ltd (formerly t/as Westbus Pty Ltd); Second Defendant (2008/316044): RD Transport Services Pty Ltd
Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Interlocutory Application / Evidentiary Ruling (ex Tempore)
Outcome
Tender of evidence rejected
Legal Topics
Admissibility of Evidence, Relevance, Coincidence Rule, S98 Evidence Act 1995 (nsw)
Evidence Admissibility of Evidence Relevance Coincidence Rule S98 Evidence Act 1995 (nsw)

Case Brief

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Parties

Vlado Andonovski

Plaintiff

Park-Tec Engineering Pty Ltd

First Defendant (2007/292845)

Barbeques Galore Pty Ltd

Second Defendant (2007/292845)

East Realisations Pty Ltd (formerly t/as Westbus Pty Ltd)

First Defendant (2008/316044)

RD Transport Services Pty Ltd

Second Defendant (2008/316044)

Procedural Posture

Interlocutory Application / Evidentiary Ruling (ex Tempore)

Legal Issues

  1. 1 Whether the supplementary appeal book evidence is relevant and admissible
  2. 2 Whether admitting the evidence would breach the coincidence rule (s98 Evidence Act 1995 (NSW))

Ratio Decidendi

The evidence tendered is not relevant to any matter still in issue, and does not have significant probative value in relation to the employment status of other persons under s98 Evidence Act 1995 (NSW); therefore, the tender is rejected.

Court Disposition

Tender of evidence rejected

Orders

  • I reject the tender