Addenbrooke Pty Limited v Duncan (No 5) [2014] FCA 625

FEDERAL COURT OF AUSTRALIA

Addenbrooke Pty Limited v Duncan (No 5) [2014] FCA 625 Citation: Addenbrooke Pty Limited v Duncan (No 5) [2014] FCA 625

Parties: ADDENBROOKE PTY LIMITED (ACN 055 973 576) v TRAVERS WILLIAM DUNCAN, PETER GRAY and SOUTHERN CROSS EQUITIES PTY LTD (ACN 071 935 441); SOUTHERN CROSS EQUITIES PTY LTD (ACN 071 935 441) v CASCADE COAL PTY LTD (ACN 119 180 620), ARTHUR PHILLIP PTY LTD (ACN 100 908 101) and RICHARD JONATHON POOLE; PETER GRAY v CASCADE COAL PTY LTD (ACN 119 180 620)

File number: NSD 2243 of 2012

Judge: FOSTER J

Date of Orders: 10 June 2014

Date of Publication of Reasons: 16 June 2014

Catchwords: EVIDENCE – whether previous representations made in certain printouts of emails should be admitted into evidence as business records pursuant to s 69 of the Evidence Act 1995 (Cth) – whether those emails should be excluded in the exercise of the Court's discretion pursuant to s 135 or s 169 of the Evidence Act – whether the Court should compel the plaintiff to call the authors of the emails pursuant to s 169 of the Evidence Act – whether the provisions of the Telecommunications (Interception and Access) Act 1979 (Cth) prohibit the tender of transcripts of recordings of intercepted telephone calls and whether, if not, those transcripts are admissible as business records – whether transcripts of evidence given at a public inquiry conducted by the NSW Independent Commission Against Corruption are admissible as business records – whether a previous statement in writing made by a potential witness out of Court which was created for the purpose of being provided to a television journalist is admissible