Dymocks v Capral [2013] NSWSC 130

Supreme Court New South Wales

Medium Neutral Citation: Dymocks v Capral [2013] NSWSC 130 Hearing dates: 20/02/2013 Decision date: 20 February 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Tender rejected Catchwords: EVIDENCE - admissibility - where letter written by party's solicitor to insurer - party not the author of the letter and made no representations by or in it - letter not admissible to prove the truth of the the previous representations made by its author - letter not admissible to prove suggested admission by party. Legislation Cited: Evidence Act 1995 (NSW) Category: Procedural and other rulings Parties: Dymocks Book Arcade Pty Ltd (ABN 13 000 009 441) (Plaintiff) Capral Limited (ABN 78 004 213 692) (First Defendant) Peter Dalton Architects Pty Ltd (Second Defendant) Stramit Corporation Limited (Formerly KH Stramit Corporation Limited) (First Cross-Defendant to Second Cross-Claim) Representation: Counsel: D T Miller SC / D A Hughes (Plaintiff) HJA Neal (First Defendant) IDM Roberts SC / LWF Chan (Second Defendant) I R Pike SC / J J Hutton (First Cross- Defendant to Second Cross-Claim) Solicitors: Norton Rose (Plaintiff) Colin Biggers & Paisley (First Defendant) Kennedys (Second Defendant) Sparke Helmore (First Defendant Second Cross-Claim) File Number(s): 2009/298893