In the Matter of Maiden Civil Pty Ltd [2012] NSWSC 1618

Supreme Court New South Wales

Medium Neutral Citation: In the Matter of Maiden Civil Pty Ltd [2012] NSWSC 1618 Hearing dates: 30 October 2012 Decision date: 30 October 2012 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Rulings on admissibility of evidence Catchwords: EVIDENCE - admissibility - business record - Evidence Act, s 69 - previous representation in document - whether representation was made or recorded in course of business - whether person who made representation had first hand knowledge of facts asserted - where there is dispute as to provenance or authenticity of document - where document produced by third party

EVIDENCE - admissibility - business record - Evidence Act, s 69 - documents that purport to be financial documents of plaintiffs - whether inference can be drawn from face of the documents - whether authenticity can be inferred from form and content of document alone - where there is no other evidence to authenticate - whether production on subpoena would be sufficient to found the inference that it is a business record Legislation Cited: (NSW) Evidence Act 1995, s 69, s 69(3) Cases Cited: Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 Australian Securities and Investments Commission v Rich [2005] NSWSC 417 Citibank Ltd v Chiu Wah Liu [2003] NSWSC 236 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Kingham v Sutton (No 3) [2001] FCA 1117 Lee v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 305 Marra Developments Ltd and the Companies Act [1979] 2 NSWLR 193 National Australia Bank Ltd v Rusu [1999] NSWSC 539 O'Meara v Dominican Fathers [2003] ACTCA 24 Texts Cited: S Odgers, Uniform Evidence Law, 8th edition, Thomson Reuters Category: Interlocutory applications Parties: Richard Albarran and Blair Pleash as Receivers and Managers of Maiden Civil (P&E) Pty Ltd - First Plaintiffs Fast Financial Solutions Pty Ltd - Second Plaintiff Queensland Excavation Services Pty Ltd - First Defendant Central Plant Hire (NT) Pty Ltd - Second Defendant Sitzler Pty Ltd - Third Defendant Laing O'Rourke Australia Construction Pty Ltd - Fourth Defendant McMahon Services Australia Pty Ltd - Fifth Defendant Wayne Cullenane - Sixth Defendant Representation: Counsel: H N Newton - Plaintiffs A H Sinclair (QLD) - First Defendant Wayne Cullenane - Sixth Defendant (In person) Solicitors: Thomsons Lawyers - Plaintiffs The M Kent Law Firm - First Defendant File Number(s): 2012/ 244768