Virgin Enterprises Ltd v Agripower Australia Ltd

Virgin Enterprises Ltd (the Opponent) and Agripower Australia Ltd (the Applicant) were parties to proceedings before Nicole Worth. The dispute concerned the admissibility of certain evidence filed by the Applicant, specifically paragraphs 1, 15, and 16 of a declaration by Peter Prentice, a director of the Applicant, and its accompanying exhibit. The Opponent objected to these paragraphs, arguing they contained assertions about Mr. Prentice's knowledge gained through his position with the Applicant.

The court was required to determine whether the disputed paragraphs of Mr. Prentice's declaration were admissible as evidence. The Opponent's objection was based on the assertion that Mr. Prentice's knowledge was derived from his role as director, but the basis for this objection was not clearly articulated.

The court reasoned that the statement in question, asserting Mr. Prentice's familiarity with the Applicant's products, services, trade marks, and business activities in Australia, was a reasonable assertion given his position as director. The court noted that a similar statement had been made in previous evidence (Prentice 1) without objection. Consequently, the court considered it reasonable to allow the inclusion of the disputed paragraphs, finding no clear basis for their exclusion.

The court ordered that the disputed paragraphs of Mr. Prentice's declaration be admitted as evidence.