Craig Riley v Chubb Security Services Ltd and Anor (No. 1) [2008] NSWDC 83

Reported Decision : 7 DCLR (NSW) 35

New South Wales District Court

CITATION: Craig Riley v Chubb Security Services Ltd and Anor (No. 1) [2008] NSWDC 83

HEARING DATE(S): 20 February 2007 - 21 February 2007, 3 March 2008 - 7 March 2008 EX TEMPORE JUDGMENT DATE : 3 March 2008

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: The tender of the document is rejected

CATCHWORDS: Evidence Act 1995 - Action for damages for personal injury against party which was both employer of the plaintiff and owner of the motor vehicle in which the plaintiff was injured - Oral interview of driver of motor vehicle/fellow employee of the plaintiff recorded on tape by a loss assessor/investigator retained by CTP insurer of this defendant - Transcript of tape made by an unidentified person and not signed, initialled, or marked by the interviewed driver - Plaintiff seeks to tender the transcript - Held: (1) Transcript was not any admission by the defendant as document not adopted by driver as required by Evidence Act 1995, Dictionary Pt 2, cl 6. (2) Transcript was not admissible as a business record of the defendant as: (a) not a record of the business of the defendant - (b) not made by a relevant person as required by s 69(2) and (5) - Comparison of the terms of Pt IIC of Evidence Act 1898 and s 69 of the current Act - Held: authorities under the former Act are applicable to the provisions of the present Act.

LEGISLATION CITED: Evidence Act 1995 Evidence Act 1898

CASES CITED: R W Miller and Company Pty Ltd v Krupp (Aust) Pty Ltd and Others (1991) 32 NSWLR 152 Ross McConnell Kitchen & Co Pty Ltd v Ross [No 1] (1985) 1 NSWLR 233

TEXTS CITED: S. Odgers, Uniform Evidence Law, 7th Ed., 2006