Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2008] NSWSC 1247

New South Wales Supreme Court

CITATION : Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2008] NSWSC 1247

HEARING DATE(S) : 16/06/08. 17/06/08. 18/06/08, 19/06/08, 20/06/08, 23/06/08. 24/06/08, 25/06/08, 26/06/08, 27/07/08, 30/06/08, 04/07/08, 28/07/08, 29/07/08, 27/08/08, 28/08/08, 24/11/08

JUDGMENT DATE : 24 November 2008

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 24 November 2008

DECISION : Questions and answers plaintiffs wish to tender admitted.

CATCHWORDS : EVIDENCE - admissibility and relevance - admissions - hearsay statements - whether it is reasonably open to find that the statements were made with the authority of the defendant - whether it is reasonably open to find that statements were made in furtherance of a common purpose of the maker and the defendant - whether discretion against admitting should be exercised - where defendant can remedy position by resort to s 81(2)

LEGISLATION CITED : Evidence Act 1995, ss 81, 87, 135

CATEGORY : Procedural and other rulings

CASES CITED : Director of Public Prosecutions v Brownlee [1999] NSWCCA 57

Tim Barr Pty Limited - First Plaintiff PARTIES : Timothy James Barr - Second Plaintiff Narui Gold Coast Pty Limited - Defendant

FILE NUMBER(S) : SC 2762/02

Mr RG McHugh SC/Mr J E Lazarus (to 4 July 2008) - Plaintiffs Mr I M Barker QC/Mr RG McHugh SC/Mr J E Lazarus (from 28 July 2008) - Plaintiffs COUNSEL : Mr M L Einfeld QC/Mr R E Dubler SC/Mr A C Harding (to 27 June 2008) - Defendant Mr A C Harding (30 June 2008) - Defendant Mr I M Neil SC/Mr AC Harding (from 28 July 2008) - Defendant