NSW Caselaw
New South Wales Supreme Court
CITATION : BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) & Anor [2010] NSWSC 1304
HEARING DATE(S) : 08.11.10
JUDGMENT DATE : 11 November 2010
JUDGMENT OF : Nicholas J
DECISION : Par 14
CATCHWORDS : EVIDENCE – business record – whether representation in contemplation of a proceeding – whether coronial inquiry a proceeding – Evidence Act 1995 s 69
Coroners Act 1980 LEGISLATION CITED : Evidence Act 1995 Royal Commissions Act 1902 (Cth)
CATEGORY : Procedural and other rulings
Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 CASES CITED : Green v State Coroner of New South Wales (Supreme Court of New South Wales, Sully J, 19 November 1997, unreported) Lewis v Nortex Pty Ltd (in liq) [2002] NSWSC 1083 R v Registrar-General; Ex parte Lange [1950] VLR 45
BestCare Foods Ltd - plaintiff PARTIES : Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) – first defendant Origin Energy Retail Ltd - second defendant
FILE NUMBER(S) : SC 05/270917
COUNSEL : M L Williams SC/D Weinberger/S Lawrance - plaintiff J Gleeson QC/B C Smith/R D Glover - defendants
SOLICITORS : McCabe Terrill Lawyers - plaintiff HWL Ebsworth Lawyers Australia - defendants
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Nicholas J
11 November 2010
05/270917 BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) & Anor JUDGMENT 1 His Honour: The defendants objected to the plaintiff's tender of the representations in the statement of Robert Gregory Alexander dated 15 May 2003. On 8 November 2010 I upheld the objection, and rejected the tender. The following are my reasons. 2 The statement was tendered as a business record of the NSW Fire Brigades under s 69 Evidence Act 1995 (the Act). It was not disputed that it was a business record. Objection was taken on grounds that:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate