Trade Practices Commission v T.N.T. Management Pty Ltd & Ors [1984] FCA 260

IN THE FEDERAL COUPT OF ANSTPALTIA

NEW SOUTH WALES DISTRICT PEGTSTRY

ENEPAL DIVTS CON

TRADE PPACTICES COMMI3STOt

-and-

T.N.T. MANAGEMEN'? PTY. CIMITED

Plaintiff

~ ONES. ver

hinth pete

POME SUG iNes Oe elses YE OP ET IENCE re E EARTTES

A, kuling? relatir'g' tt T..2 anm

Pusinets FSertivgde.

3. been raised to its admission. The document purports to bea record made by a witness, Mr Frewen, of a conversation which took place at a meeting which he attended on 10 March 1976 between the

persons present at that meeting.

Mr Frewen has given evidence, but has not yet been

cross-examined. He has refreshed his memory from the document and given further evidence of the conversation after so refreshing his memory. Reliance is placed upon the provisions of

Part IIIA of the Evidence Act 1905 and it is submitted for the plaintiff that the statements in the document should be admitted

in evidence.

The document purports to be a record of the conversation which took place at the meeting. I consider that there 15 therefore a statement ot fact in the document to the extent that it 1s a record of what was said at the meetina. The statement of fact being what was said in the conversation was made by Mr Frewen, who appears to me to be a qualified person in that he was engaged in the relevant business at the time he made the statement. I refer to the relevant section of the Act, 3.7A(1). I consider that the statement was made either in the course of the business or for the purposes of the business, s.7B(1)(b). Although the document, so far as the evidence goes, has not been shown to form part of what might be called a record of a continuous kind kept in the business, I still think it "forms

part of the record of the business" : s.7B(1)(a). TI consider the

4, document falls within the words of 3.7A(2) in that it falls at