Warragamba Winery Pty Ltd v State of NSW (No 2) [2011] NSWSC 1493

Warragamba Winery Pty Ltd v State of NSW (No 2) [2011] NSWSC 1493

The statutory declaration is admissible under s 64(3) of the Evidence Act 1995 because the witness was available and gave evidence of the representation; the document enhances her credibility and to exclude it would be unfair.

Jurisdiction
Australia
Judgment Date
22 November 2011
Procedural Posture
Interlocutory Application / Evidentiary Ruling
Outcome
Statutory declaration admitted into evidence as Exhibit AJ
Legal Topics
['admissibility of Prior Consistent Statement' 'hearsay Exception' 'credit of Witness']
['evidence Law'] ['admissibility of Prior Consistent Statement' 'hearsay Exception' 'credit of Witness']

Case Brief

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Procedural Posture

Interlocutory Application / Evidentiary Ruling

Legal Issues

  1. 1 ['Whether the statutory declaration by Ms Plachozki is admissible as a prior consistent statement under the Evidence Act 1995' 'Whether section 45, section 64, or section 108(3) of the Evidence Act 1995 applies to admit the document']

Ratio Decidendi

The statutory declaration is admissible under s 64(3) of the Evidence Act 1995 because the witness was available and gave evidence of the representation; the document enhances her credibility and to exclude it would be unfair.

Court Disposition

Statutory declaration admitted into evidence as Exhibit AJ

Orders

  • ['The statutory declaration of Ms Plachozki is admitted into evidence as Exhibit AJ']