Walsh v Walgett Shire Council [2014] NSWSC 812

Supreme Court New South Wales

Medium Neutral Citation: Walsh v Walgett Shire Council [2014] NSWSC 812 Hearing dates: 03/06/2014, 4/06/2014, 05/06/2014, 06/06/2014,10/06/2014, 11/06/2014 Decision date: 11 June 2014 Jurisdiction: Common Law Before: McDougall J Decision: Tender rejected Catchwords: EVIDENCE - documentary evidence - statutory provisions relating to business records - whether document of WorkCover a 'business record' - whether representations in document are made in connection with an investigation - whether investigation must in fact lead to proceedings for exception to apply - application of s 69(3)(b) of the Evidence Act 1995 (NSW) EVIDENCE - admissibility - whether discretionary reasons for refusing to admit evidence - where evidence in the form of answers to specific questions - where witness not called - application of s 135 Evidence Act 1995 (NSW) Legislation Cited: Evidence Act 1995 (NSW) Occupational Health & Safety Act 2000 (NSW) Work Health & Safety Act 2011 (NSW) Cases Cited: Lewincamp v ACP Magazines Ltd [2008] ATCSC 69 Rickard Constructions v Rickard Hails Moretti [2004] NSWSC 984 Vitali v Stachnik [2001] NSWSC 303 Category: Procedural and other rulings Parties: Daniel Peter Walsh (Plaintiff) Walgett Shire Council (Defendant) Representation: Counsel: DR Campbell SC / IJ McGillicuddy (Plaintiff) JE Sexton SC / G Donnellan (Defendant) Solicitors: Beston Macken McManis (Plaintiff) Mills Oakley Lawyers (Defendant) File Number(s): 2012/380694