A Class Piling & Drilling Pty Limited v Seventy Eight Promotions Pty Limited (No 3)

The case before the court involved a dispute between A Class Piling & Drilling Pty Limited and Seventy Eight Promotions Pty Limited. The central issue was whether certain statements, allegedly made by individuals who could not be identified, should be admitted as evidence. The matter was heard in the Federal Court of Australia.

The court had to determine whether the affidavit in question, which contained statements from unidentified individuals, could be admitted into evidence. A critical aspect of this decision was whether reasonable steps were taken to identify those who made the statements and whether it was reasonable to admit evidence that was unsubstantiated by identified witnesses. The court also considered the principles of fairness and the right to a fair trial, particularly in relation to the adversarial system where parties should be able to confront their accusers.

In reaching its decision, the court held that the statements in question should not be admitted because they were unsubstantiated and the individuals who made them could not be identified. The court found that it was not reasonable to admit such evidence without the possibility of cross-examination. The court emphasised the importance of ensuring that evidence is both reliable and verifiable, and that the principles of natural justice are upheld in the proceedings. Consequently, the court ordered that the relevant part of the affidavit be struck out.