Makeig v Tucun [2009] NSWDC 42

New South Wales District Court

CITATION: Makeig v Tucun [2009] NSWDC 42

HEARING DATE(S): 13/10/08, 14/10/08, 15/10/08, 16/2/09, 17/2/09, 9/3/09, 10/3/09, 12/3/09, 13/3/09

JUDGMENT DATE: 13 March 2009

JURISDICTION: Civil

JUDGMENT OF: Cogswell SC DCJ

DECISION: Tender of evidence rejected.

CATCHWORDS: EVIDENCE-Documentary evidence-Tendency-Was notice reasonable in circumstances?-Credibility only-Significant probative value-Discretion to reject-Hearsay

LEGISLATION CITED: Evidence Act 1995 s59, s62. s64, s94, s97, s106, s135

CASES CITED: Jacara Pty Ltd v The Perpetual Trustees WA Ltd (2000) 106 FCR 51

Peter Makeig PARTIES: Tugomir Tucun Stephanie Maureen Tucun

FILE NUMBER(S): 5357/07

COUNSEL: Mr T Somerville Mr F Kalyk

JUDGMENT

1 Mr Kalyk, who appears for the defendants in this case, tendered two documents. Both were objected to by Mr Somerville, who appears for the plaintiff. This is a ruling on the admissibility of the documents tendered by Mr Kalyk.

2 The first document I marked MFI 12. That document comprises a number of pages of transcript. The transcript, it is agreed, is of proceedings in the Supreme Court. Those proceedings were conducted last month and earlier this month. The plaintiff in those proceedings was the plaintiff in these proceedings, Mr Peter Makeig. Another part of MFI 12 was a document conveniently setting out the page numbers of the pages which Mr Kalyk was tendering and the basis upon which he tendered those respective pages.

3 The second document I marked MFI 15. That also comprises two documents. One is a tax invoice dated 25 July 2005 from Mr Makeig to a person named Mr Van de Scheur. That concerns work by Mr Makeig concerning a matter unrelated to this case apart from the way in Mr Kalyk argued that it is connected. A second component of MFI 12 is a document called an amended statement of claim issued out of the Local Court by the current plaintiff against Mr Van de Scheur, claiming an amount of money said to be $65,000 in respect of the work which as the subject of the invoice which I referred to. It will be convenient to deal with the admissibility of MFI 15 when I am dealing with a particular aspect of the admissibility of the documents contained in MFI 12.