Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ringrow Pty Ltd v BP Australia Ltd [2003] FCA 933
EVIDENCE – admissibility of document – valuer's report – expert opinion – maker of the opinion not called to give evidence – whether valuation is a business record – whether part of the records of the relevant business – whether evidence admissible as an 'opinion' Evidence Act 1995 (Cth) s 59, 59(2), 69, 69(1)(a)(i), 69(1)(a)(ii), 69(1)(b), 69(2)(a), 69 (3), 69(5), 78, 78(a), 79, 111, 135, 135(a), 135(b), 183 Karmot Auto Spares Pty Ltd v Dominelli Ford (Hurstville) Pty Ltd(1992) 35 FCR 560 referred to Morley v National Insurance Co [1967] VR 566 cited Prentice v Cummins [2002] FCA 1172 referred to Quick v Stoland (1998) 87 FCR 371 cited Supetina Pty Ltd v Lombok Pty Ltd (1984) 5 FCR 439 referred to Cross on Evidence (6th Australian Ed) RINGROW PTY LTD v BP AUSTRALIA LTD N 278 OF 2003 ULTIMATE FUEL PTY LTD v BP AUSTRALIA LTD N 279 OF 2003 NADER-ONE v BP AUSTRALIA LTD N 280 OF 2003 HELY J 4 SEPTEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 278 OF 2003
BETWEEN: RINGROW PTY LTD
APPLICANT
AND: BP AUSTRALIA LTD
RESPONDENT
N 279 OF 2003 BETWEEN: ULTIMATE FUEL PTY LTD
APPLICANT AND: BP AUSTRALIA LTD
RESPONDENT N 280 OF 2003 BETWEEN: NADER-ONE PTY LTD
APPLICANT AND: BP AUSTRALIA LTD
RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 4 SEPTEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The tender of documents 89 and 94 in the applicants' bundle of primary documents (Exhibit A) be rejected. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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