Federal Court of Australia
Federal Court of Australia
Shafston Avenue Construction Pty Ltd, in the matter of CRCG-Rimfire Pty Ltd (subject to deed of company arrangement) v McCann (No 2) [2020] FCA 1444 File number: QUD 683 of 2018
Judgment of: REEVES J
Date of judgment: 1 September 2020
Catchwords: EVIDENCE – objections under s 69(3)(a) of the Evidence Act 1995 (Cth) (the Act) to affidavit evidence – whether the affidavit contains hearsay opinion evidence – whether the annexure to the affidavit can be tendered as a business record – whether s 69(3)(a) of the Act applies to opinion evidence – whether the annexure was prepared "in connection with" these proceedings – objections upheld
Legislation: Evidence Act 1995 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Competition and Consumer Commission v Air New Zealand Ltd (No 1) (2012) 207 FCR 448; [2012] FCA 1355 Jadwan Pty Ltd v Rae & Partners (A Firm) (No 3) [2017] FCA 1045 Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 36 Ringrow Pty Ltd v BP Australia Ltd (2003) 130 FCR 569; [2003] FCA 933 Timms v Commonwealth Bank of Australia [2003] NSWSC 576 Vitali v Stachnik [2001] NSWSC 303
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 14
Date of hearing: 1 September 2020
Counsel for the Plaintiffs: Mr P Dunning QC and Mr L Copley
Solicitor for the Plaintiffs: Macpherson Kelley
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