NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Matinca v Coalroc (No 2) [2021] NSWSC 1532 Hearing dates: 31 May; 1 and 2 June 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Common Law Before: Campbell J Decision: Admit the claim form MFI 4 as Exhibit 3 Catchwords: EVIDENCE – business record – where plaintiff's father made representations on a form contrary to plaintiff's present case – whether father had or reasonably be supposed to have had knowledge of asserted fact – whether knowledge directly or indirectly supplied to father – no evidence to support contention EVIDENCE – admissions – whether son adopted his father's statements by signing the form – where son had no recollection of events – whether it is reasonably open to find the son made the admission – form admitted Legislation Cited: Workers Compensation Act 1987 (NSW), s 10 Evidence Act 1995 (NSW), ss 69, 78, 81, 87, 88 Cases Cited: Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 36 Lustre Hosiery Ltd v York (1935) 54 CLR 134; [1935] HCA 71 Texts Cited: Nil Category: Procedural rulings Parties: Troy Anthony Matinca (Plaintiff) Coalroc Contractors Pty Ltd (Defendant) Representation: Counsel: P. Cummings SC with P. Williams (Plaintiff) M. McCulloch SC with D. Stanton (Defendant)
Solicitors: Burke Mead Lawyers (Plaintiff) HWL Ebsworth Lawyers (Defendant) File Number(s): 2019/111036 Publication restriction: Nil
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