Dimkovski v Ken's Painting & Decorating Services Pty Limited & 2 ors [2002] NSWSC 99

New South Wales Supreme Court

CITATION : Dimkovski v Ken's Painting & Decorating Services Pty Limited & 2 ors [2002] NSWSC 99 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20013/98; 20107/00 HEARING DATE(S) : 21 February 2002 JUDGMENT DATE : 22 February 2002

Acko Dimkovski by his tutor the Protective Commissioner of New South Wales (Plaintiff) Jordan Trajkovski (Plaintiff) PARTIES : Ken's Painting & Decorating Services Pty Limited (1st Defendant) Lynden Constructions Pty Limited (2nd Defendant) National Hire Pty Limited (3rd Defedant) JUDGMENT OF : Dunford J

A Morrison SC / A McSpedden (Plaintiff - Dimkovski) C Evatt / M Rollinson (Plaintiff - Trajkovski) COUNSEL : L King SC / M Jenkins (1st Defendant) R Cavanagh (2nd Defendant) W Fitzsimmons / J Ryan (3rd Defendant) McBride Harle & Martin (Plaintiff - Dimkovski) Carters Law Firm (Plaintiff - Trajkovski) SOLICITORS : William K Chambers (1st Defendant) Henry Davis York (2nd Defendant) Hunt & Hunt (3rd Defendant) CATCHWORDS : EVIDENCE - admissibility - Hearsay Rule - admissions - tender of part of a document - document containing representations adverse to interest of party and also containing self-serving representations - some self-serving representations relating to adverse respresentations, others to different subject matter - which parts admissible to prove facts asserted therein - EVIDENCE - admissibility - admissions - related representations - Evidence Act 1995 ss 48, 59, 64, 81, dictionary (admissions). LEGISLATION CITED : Evidence Act 1995 ss 48, 59, 64, 81, 87, dictionary (admissions) CASES CITED : Gardner v Duve (1978) 19 ALR 695 DECISION : See para 21.