Category Archives: s. 156

Grocon & Ors v Construction, Forestry, Mining and Energy Union & Ors [2013] VSC 275 (24 May 2013)

http://www.austlii.edu.au/au/cases/vic/VSC/2013/275.html

Contempt of Court – Alleged breach of temporary restraining orders – Meaning of orders and charges – Whether “free access” to building sites prevented, hindered or interfered with by large static groups of people – Whether defendant industrial association caused or procured the attendance or conduct of the groups of people – Charges established beyond reasonable doubt – Findings of contempt made – Supreme Court (General Civil Procedure) Rules 2005, Order 75

Eddie Michael Awad & anor v Twin Creek Properties Pty Ltd [2011] NSWSC 922 (27 June 2011)

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2011/922.html

EVIDENCE – documents contain statement of land value by Valuer-General – (NSW) Evidence Act s 156 does not provide for admissibility of public documents – whether documents business records – business includes activity engaged in or carried on by the Crown in any of its capacities – document a business record falling within business records exception to the hearsay rule – whether if hearsay rule does not apply document containing opinions may be excluded by opinion rule – prevailing view that opinion rule applies to business records – document containing opinions based on specialised knowledge, training, study or experience admissible – general discretion to exclude evidence – Makita principles do not apply to render business records containing opinions inadmissible -circumstances include Valuer-General not available for cross-examination, plaintiffs to call other valuation evidence, defendant serves no valuation evidence, notice of valuation does not reveal rationale – evidence unfairly prejudicial to defendant and discretion exercised to exclude.

(NSW) Evidence Act 1995, s 69, s 76, s 79, s 156, Dictionary Pt 2.