NSW Caselaw
New South Wales Supreme Court
CITATION : Investmentsource v Knox Street Apartments [2007] NSWSC 1128 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23, 24, 25, 26 and 27 July 2007
JUDGMENT DATE : 6 September 2007
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : McDougall J at 1
DECISION : See paras [50] to [56] of judgment
CATCHWORDS : EVIDENCE - Business records - Opinion evidence - Whether s69 Evidence Act enables opinion evidence contained in a business record to be admitted - Whether UCPR r31.23 enables Court to reject opinion evidence otherwise admissible under s69 if no acknowledgment of code of conduct.
Evidence Act 1995 LEGISLATION CITED : Civil Procedure Act 2005 Supreme Court Rules Uniform Civil Procedure Rules
Barak v WTH [2002] NSWSC 649 Commonwealth Development Bank of Australia Pty Limited v Claude George Rene Cassegrain [2002] NSWSC 980 CASES CITED : Kirch Communications Pty Ltd v Gene Engineering Pty Ltd [2002] NSWSC 485 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSW LR 705 Ringrow Pty Ltd v BP Australia Ltd [2003] FCA 933 United Rural Enterprises Pty Ltd v Lopmand Pty Ltd [2003] NSWSC 870
Marcel Esber (First Plaintiff) Joseph Esber (Second Plaintiff) PARTIES : Casanda Pty Ltd (Third Plaintiff) Kimberley Securities Limited (First Defendant) Residential Housing Corporation Ltd (Second Defendant) RP and PM Flexman (Fifth Defendants)
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