Federal Court of Australia
Federal Court of Australia
Tang v Yu (evidence rulings) [2023] FCA 1541 File number: NSD 488 of 2020
Judgment of: STEWART J
Date of judgment: 5 December 2023
Catchwords: EVIDENCE – hearsay – business records – whether the business records need to be records of the business at issue in the proceeding – admissibility of opinion evidence contained within business records – where no evidence of basis of experts' specialised knowledge
Legislation: Evidence Act 1995 (Cth) ss 59, 69(1), 69(3)(a), 76, 79(1)
Cases cited: Bale v Kimberley Developments Pty Ltd [2022] NSWSC 820 Eco-Pact Pty Ltd v Law Society of New South Wales [2023] NSWSC 283 Lithgow City Council v Jackson [2011] HCA 36; 244 CLR 352 Panayi v Deputy Commissioner of Taxation [2017] NSWCA 93; 319 FLR 228 Roads and Traffic Authority v Barrie Toepfer Earthmoving & Land Management Pty Ltd (No 2) [2012] NSWSC 937
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 16
Date of hearing: 4 December 2023
Counsel for the Applicant: D Meyerowitz-Katz
Solicitor for the Applicant: Domantay Legal Pty Ltd
Counsel for the First Respondent: Y Chen
Solicitor for the First Respondent: Ausjuris Legal Pty Ltd
Counsel for the Second Respondent: The Second Respondent did not appear.
ORDERS NSD 488 of 2020
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