NSW Caselaw
New South Wales Supreme Court
CITATION : Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2008] NSWSC 657
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, 26/6/08, 27/06/08
JUDGMENT DATE : 27 June 2008
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Tendered paragraphs of police statement of Mr van Rij rejected.
CATCHWORDS : EVIDENCE - admissibility - hearsay - whether hearsay representation nevertheless admissible as admission by defendant - representation made by individual - whether pursuant to Evidence Act s 87 representation to be taken to be representation of defendant - where individual was company secretary of defendant - whether company secretary may be taken to be "employee" of company - nature of implied authority of company secretary
LEGISLATION CITED : Evidence Act 1995, ss 81, 87
CATEGORY : Procedural and other rulings
George Whitechurch Ltd v Cavanagh [1902] AC 117 CASES CITED : Minilabs Pty Ltd v Assaycorp Pty Ltd [2001] WASC 88; (2001) 37 ACSR 509 Panorama Developments Ltd v Fidelis Fabrics Ltd [1971] 3 WLR 440
Tim Barr Pty Limited - First Plaintiff PARTIES : Timothy James Barr - Second Plaintiff Narui Gold Coast Pty Limited - Defendant
FILE NUMBER(S) : SC 2762/02
COUNSEL : Mr R G McHugh SC/Mr J E Lazarus - Plaintiffs Mr M L D Einfeld QC/Mr R E Dubler SC/Mr A C Harding - Defendant
SOLICITORS : Corrs Chambers Westgarth - Plaintiffs Verekers - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BARRETT J
FRIDAY, 27 JUNE 2008
2762/02 TIM BARR PTY LIMITED v NARUI GOLD COAST PTY LIMITED JUDGMENT - On admissibility of certain paragraphs of police statement of Mr van Rij; see p 592
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