AGRICULTURAL LAND MANAGEMENT LTD -v- JACKSON [2013] WASC 464
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 464 | |
| Case No: | CIV:1626/2008 | 16 DECEMBER 2013 | |
| Coram: | EDELMAN J | 18/12/13 | |
| 25 | Judgment Part: | 1 of 1 | |
| Result: | (i) The statements in exhibit 34 are admissible under s 79C(2a) as evidence of those facts (ii) The statements in exhibit 41 are not admissible as evidence of those facts under s 79C(2a) (iii) The plaintiff has leave to reopen its case for the limited purpose of calling Mr Catlin to verify his 2002 report | ||
| A | |||
| PDF Version |
| Parties: | AGRICULTURAL LAND MANAGEMENT LTD BRETT LESLIE JACKSON GRAEME MICHAEL GOFF BUNBURY CENTRO PTY LTD |
Catchwords: | Evidence s 79C(2a) Evidence Act 1906 (WA) Meaning of 'business records' Two limbs of business records concerning 'preparation' and 'use' Limitation upon the 'use' limb that it be contemplated that there will be some further or ongoing recording of information by or on behalf of the business The same limitation does not apply to the 'preparation' limb Practice and procedure Construction of pleadings Extent of admission made by defendants Whether leave should be given to plaintiff to reopen |
Legislation: | Acts Amendment (Evidence) Act 2000 (WA) Evidence Act 1906 (WA), s 78B, s 79C(2)(a), s 79C(2)(g), s 79C(5)(a), s 79C(2a) Evidence Act 1929 (SA), s 45A |
Case References: | Atra v Farmers & Graziers Co-op Co Ltd (1986) 5 NSWLR 281 Donohoe v The Director of Public Prosecutions (WA) [2011] WASCA 239 Inspector General in Bankruptcy v Bradshaw [2006] FCA 22 Karmot Auto Spares Pty Ltd v Dominelli Ford (Hurstville) Pty Ltd (1992) 35 FCR 560 McKay v Commissioner of Main Roads [No 2] [2010] WASC 153 Nicholson v The Queen (1984) 12 A Crim R 231 Osborne v Landpower Developments Pty Ltd (in liq) [2003] WASCA 117 R v P [2001] NSWCA 473; (2001) 53 NSWLR 664 Rapid Metal Developments (Australia) Pty Ltd v Anderson Formrite Pty Ltd [2005] WASC 255 Re L (A Minor) (Police Investigation Privilege) [1997] AC 16 RW Miller & Co Pty Ltd v Krupp (Australia) Pty Ltd (1991) 32 NSWLR 152 Sendy v Commonwealth [2002] NSWSC 1109 Smith v New South Wales Bar Association [1992] HCA 36; (1992) 176 CLR 256 Soia v Bennett [No 4] [2012] WASC 292 Southern Equities Corporation Ltd (in liq) v Arthur Andersen & Co (No 10) [2002] SASC 128; (2002) 82 SASR 53 Trade Practices Commission v TNT Management Pty Ltd (1984) 56 ALR 647 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
BRETT LESLIE JACKSON
First Defendant
GRAEME MICHAEL GOFF
Second Defendant
BUNBURY CENTRO PTY LTD
Third Defendant
Catchwords:
Evidence - s 79C(2a) Evidence Act 1906 (WA) - Meaning of 'business records' - Two limbs of business records…
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- Case
- [2013] WASC 464
- Decision Date
CaseChat Overview and Summary
The case of Agricultural Land Management Ltd v Jackson was heard in the Supreme Court of Western Australia by Edelman J. The case concerned issues of admissibility of certain documents as evidence in a civil claim for damages for breach of contract. The first issue was whether certain documents were admissible under s 79C(2a) of the Evidence Act 1906 (WA). The court held that one of the documents, a document recording costs, was admissible as it was prepared in the ordinary course of business for the purpose of recording a matter relating to the business. The second document, a memorandum concerning a business transaction, was not admissible as it was not prepared in the ordinary course of business for the purpose of recording a matter relating to the business. The court also ruled that the plaintiff had leave to reopen its case to call an expert to verify his report on the value of the property, as the defendants had not admitted that the report was an honestly held opinion.
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