Rickard Constructions v Rickard Hails Moretti & Ors [2004] NSWSC 984

New South Wales Supreme Court

CITATION : Rickard Constructions v Rickard Hails Moretti & Ors [2004] NSWSC 984 revised - 8/11/2004 HEARING DATE(S) : 5, 6, 7, 8, 11, 12, 13, 14, 15 October 2004 and dates following JUDGMENT DATE : 15 October 2004

JUDGMENT OF : McDougall J at 1 DECISION : See paras [39] and [40] of judgment

CATCHWORDS : EVIDENCE - Evidence Act 1995 (NSW) - hearsay - business records exception - whether documents admissible as business records under s 69 - where author of document had personal knowledge of some, but not all, of the matters set out in document - s 69(2) - whether representations made by person who had knowwledge of facts asserted in representation, or on basis of information directly or indirectly supplied by such a person - construction of "or might reasonably be supposed to have had personal knowledge" in s 69(2) - s 69(3) - whether representations prepared for purpose of, or in contemplation of, or connection with, Australian proceeding - whether sub s (3) an exception to the operation of subs (2) or further condition of admissibility - whether s 69(3) applicable LEGISLATION CITED : Evidence Act 1995 Vitali v Stachnik [2001] NSWSC 303 Lewis v Nortex Pty Ltd [2002] NSWSC 1083 CASES CITED : Kang v Kwan [2002] NSWSC 187 Timms v Commonwealth Bank of Australia [2003] NSWSC 576 S & Y Investments [No 2] Pty Ltd v Commercial Union Assurance Company of Australia Limited (1986) 82 FLR 130 Sellers Fabrics Pty Ltd & Anor v Hapag-Lloyd AG [1998] NSWSC 644 Rickard Constructions Pty Limited (Plaintiff) PARTIES : Rickard Hails Moretti Pty Limited (First Defendant) Jeffery & Katauskas Pty Limited (Second Defendant) Allianz Australia Insurance Limited (Third Defendant) FILE NUMBER(S) : SC 55027/00 F C Corsaro SC/T G R Parker (Plaintiff) COUNSEL : S R Donaldson SC/ P S Braham (First Defendant) M Dempsey SC/J Steele (Second Defendant) A S Martin SC/A J McInerney (Third Defendant) Maurice Blackburn Cashman (Plaintiff) SOLICITORS : Moray & Agnew (First Defendant) Colin Biggers & Paisley (Second Defendant) Moroney Betts (Third Defendant)