Category Archives: s. 070

Gray t/as Clarence Valley Plumbing Services v Ware Building Pty Ltd [2013] NSWCA 271 (23 August 2013)

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/271.html

APPEAL AND NEW TRIAL – procedural fairness – where request for adjournment and transfer of trial to another location refused – where defendant (now appellant) did not attend – whether violation of the hearing rule established

CONTRACT – construction of clause giving rise to an election to terminate on a insolvency event – whether there was anything that indicated the defendant (now appellant) was or would be insolvent at the relevant time – whether contract validly terminated

EVIDENCE – where evidence adduced ex-parte – where evidence is comprised of hearsay – whether evidence should be given less weight

Raymond Holder b Bradley William Searle [1998] FCA 1775 (23 October 1998)

http://www.austlii.edu.au/au/cases/cth/FCA/1998/1775.html

INTELLECTUAL PROPERTY – copyright – infringement – parallel importation – knowingly concerned in possession of copyright material – subsistence of copyright – ownership of copyright – relevance of Universal Copyright Convention symbol and claim to copyright on packaging in establishing ownership of copyright – whether ownership by legal entity – whether limited partnership constitutes legal entity – assignment of ownership of copyright – exclusive licence for distribution of copyright material – whether possession of copyright material by company or by directors of company personally – where copyright material cinematograph films stored in laser video disc format – where copyright owner resident of United States of America and Canada

Evidence Act 1995 (Cth) ss 70 and 171

R v Gallagher [2001] NSWSC 462 (4 May 2001)

[2001] NSWSC 462

Evidence – whether evidence of DNA test results was based on the witness’ specialised knowledge based on training, study and experience – Held: Yes.

Evidence – whether evidence of DNA test results had substantial probative value – Held: Yes.

Evidence – whether admission of evidence of DNA test results gave rise to danger of unfair prejudice to accused – Held: No.

ACTS CITED:

Evidence Act 1995 (NSW) ss 70, 79, 135, 137

Australian Petroleum Pty Ltd v Parnell Transport Industries Pty Ltd & Ors [1998] FCA 1580 (20 November 1998)

[1998] FCA 1580

EVIDENCE – documentary evidence – business records – exception to hearsay – effect provisions creating time limit for objections on admissibility of evidence – whether Pt 4.6 Div 1 of  Evidence Act 1995  (Cth) requires Court not to admit evidence for twenty-one days

Evidence Act 1995  (Cth), ss 26, 47-51, 55, 56, 59, 63, 64, 67, 69, 70-75, 135, 166, 167, 168, 169, 190