NSW Caselaw
New South Wales Supreme Court
CITATION : In the Matter of Enviro Energy Australia Pty Ltd (in liquidation) [2010] NSWSC 1217 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23 September 2010
JUDGMENT DATE : 23 September 2010
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 23 September 2010
DECISION : Annexure A rejected.
CATCHWORDS : EVIDENCE – admissibility of market assessment as to property value – whether admissible under business records exception in Evidence Act 1995 (NSW), s 69 –whether business record admissible under s 69 subject to opinion rule – evidence excluded under opinion rule – no evidence of author's qualifications, compliance with Expert Witness Code of Conduct, or assumptions for opinion – alternatively, evidence excluded under s 135
LEGISLATION CITED : Evidence Act 1995 (NSW)
CATEGORY : Procedural and other rulings
Ringrow Pty Ltd v BP Australia Ltd [2003] FCA 933 Young v Coupe [2004] NSWSC 546 Australian Securities and Investments Commission v Rich [2005] NSWSC 417; (2005) 216 ALR 320 Hadid v Australis Media Ltd (Supreme Court of New South Wales, Sperling J, 28 October 1996, unreported) CASES CITED : Connex Group Australia Pty Ltd v Butt [2004] NSWSC 379) Jackson v Lithgow City Council [2010] NSWCA 136 Quick v Stoland Pty Ltd (1998) 87 FCR 371 Jackson v Lithgow City Council [2008] NSWCA 312 R v Whyte [2006] NSWCCA 75 Roach v Page (No 15) [2003] NSWSC 939
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