Supetina Pty Ltd & Anor v. Lombok Pty Ltd & Ors [1985] FCA 94

. A

g4 CATCHWORDS

EVIDENCE - valuation report sought to be tendered without calling valuer as witness - valuer unfit by reason of bodily condition to attend - evidence sought to be admitted under Evidence Act 1977-1981 (Qld) ~ Part IIIA of Evidence Act 1905 (Com) dealing with admissibility of business record - whether valuation report business record ~ whether inconsistency between Commonwealth and State Acts - inconsistency found and valuation report excluded under s.7C of Commonwealth Act as was obtained for purpose of, or

in contemplation of, judicial proceedings.

Evidence Act 1905 (Com) ss.7A, 7B, 7C Judiciary Act 1903 s.79

Constitution s.109

Acts Interpretation Act 1901 (Com) s.15AA Evidence Act 1977-1981 (Qld) ss.5, 92, 98

SUPETINA PTY LTD (First Applicant) and AVIONNE JOY VINCENT (Second Applicant) v. LOMBOK PTY LTD (First Respondent) and

KENNETH CYRIL GUY (Second Respondent) and JOHN RONALD BRYANT (Third Respondent)

Qid Gl of 1984

~,\ ey SPENDER J. irs BRISBANE yt 6 DECEMBER 1984 AS coh

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD Gl of 1984 GENERAL DIVISION )

BETWEEN :

SUPETINA PTY LTD

First Applicant

AND: AVIONNE JOY VINCENT Second Applicant AND: LOMBOK PTY LTD First Respondent AND: KENNETH CYRIL GUY Second Respondent AND: JOHN RONALD BRYANT Third Respondent ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 6 DECEMBER 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The valuation report prepared by Mr Harold Foster and sought to be admitted

into evidence by the applicants not be so admitted.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY ) QLD Gl of 1984 GENERAL DIVISION )

~~

BETWEEN : SUPETINA PTY LTD

First Applicant

AVIONNE JOY VINCENT

Second Applicant

AND: LOMBOK PTY LTD First Respondent AND: KENNETH CYRIL GUY Second Respondent AND:

JOHN RONALD BRYANT