Refina Pty Ltd v Binnie

Refina Pty Ltd applied to the court for an order to admit parts of an affidavit previously rejected as hearsay. The affidavit contained statements made by the defendant's contractor, which were rejected as hearsay. The applicant sought to admit the statements on the basis that they contained admissions made with authority. The case was heard in the Supreme Court of New South Wales.

The court was required to decide whether the rejected parts of the affidavit could be admitted under section 87 of the Evidence Act 1995. The court considered whether the statements were admissions made with authority and whether they were beyond the scope of the contractor's authority. The court also considered whether the statements were admissible under the hearsay exception in section 87.

The court found that the statements were not admissions made with authority because the contractor did not have the authority to make the statements on behalf of the defendant. The court also found that the statements were not admissible under the hearsay exception in section 87 because they were not made in the course of the defendant's business or in the usual course of business. The court rejected the application to admit the statements.

The court made an order that the parts of the affidavit previously rejected as hearsay remain excluded from evidence. The court also made an order that the applicant pay the defendant's costs of the application.