Keshvara v Blanchett

Case

[2012] NZCA 553

30 November 2012


Details
AGLC Case Decision Date
Keshvara v Blanchett [2012] NZCA 553 [2012] NZCA 553 30 November 2012

CaseChat Overview and Summary

Keshvara v Blanchett is a case before the court that concerns the admissibility of business records as evidence. The primary issue in this case is whether the trial judge correctly admitted financial records into evidence under the business records exception in the Evidence Act. The appellant, Keshvara, argues that the trial judge failed to properly consider the requirements for admitting such evidence, specifically the identity of the person who supplied the information for the composition of the business records. The respondent, Blanchett, contends that the trial judge properly applied the statutory provisions and that the records were admissible under the exception.

The legal issues before the court revolve around the interpretation and application of the business records exception in the Evidence Act. Specifically, the court must determine whether the trial judge correctly identified the person who supplied the information for the composition of the business records and whether the person who supplied the information could reasonably be expected to recollect the matters dealt with in the information recorded in the documents. The court also considers whether the admission of the business records caused undue expense or delay.

The court finds that the trial judge properly considered the identity of the person who supplied the information for the composition of the business records. The court further finds that the person who supplied the information could not reasonably be expected to recollect the matters dealt with in the information recorded in the documents. The court holds that the business records exception in the Evidence Act applies, and that the trial judge correctly admitted the records into evidence. The court further finds that the admission of the business records did not cause undue expense or delay.

The court orders that the appeal be dismissed, and that the decision of the trial judge be affirmed. The court finds that the trial judge correctly admitted the business records into evidence, and that the appellant’s arguments on appeal are without merit. The court holds that the business records exception in the Evidence Act applies, and that the records were properly admitted under the exception.
Details

Areas of Law

  • Evidence Law

Legal Concepts

  • Admissibility of Evidence

  • Documentary Evidence

  • Business Records Exception

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Cases Citing This Decision

16

Asgedom v R [2016] NZCA 334
Cases Cited

5

Statutory Material Cited

0

Walker v Wimborne [1976] HCA 7