NSW Caselaw
New South Wales Supreme Court
CITATION : KEANE v CARAVAN CITY COWRA PTY LTD & ANOR [2006] NSWSC 942 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 29/05/06 - 09/06/06; 14/08/06/17/08/06; 21/08/06 - 25/08/06; 11/09/06- 13/09/06
JUDGMENT DATE : 14 September 2006
JURISDICTION : Common Law
JUDGMENT OF : Rothman J at 1
DECISION : a the First Representation is admitted but its use is confined to the proof of the state of mind and/or intention of the defendants; b the Second Representation is admitted to prove only the state of the contract documents prepared and/or received by Mr Casey or in his office; c the Third Representation is admitted except for the words "for his future residence"; d the document, subject to those conditions, is admitted.
CATCHWORDS : Common Law - civil - evidence - section 69 - business records - representation about state of mind of another party - personal knowledge - whether document prepared or obtained in contemplation of proceedings
LEGISLATION CITED : Evidence Act 1995 (NSW)
R v Dudko (2002) 132A Crim R 371 Waterwell Shipping Inc v HIH Causualty & GIO Limited (Unreported, NSWSC, Giles CJ Comm D, 8/9/97) Feltafield Pty Ltd v Heidelbergh Graphic (1995) 56 FCR 281 CASES CITED : ACCC v AMI [2005] FCA 1357 Creighton v Barnes (Unreported, NSWSC, Cohen J, 18/9/06 Lewis v Nortex Pty Ltd [2002] NSWSC 1083 Vitali v Stachnick [2001] NSWSC 303
A - Patrick Joseph KEANE PARTIES : R1 - Caravan City Cowra Pty Ltd R2 - Ronald Horsfall
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