http://www.austlii.edu.au/au/cases/nsw/NSWSC/2010/883.html
PROCEDURE – discovery and interrogatories – discovery and inspection of documents – orders for further discovery refused – leave to rely on further lay and expert evidence – leave granted in part – leave under section 168 of Evidence Act 1995 refused – orders under section 169 of Evidence Act 1995 refused
EVIDENCE [53] – Admissibility and relevancy – Hearsay – Particular cases – Exclusion of hearsay rule – Statement by person not to be called as a witness tendered by a party – Whether another party (who is the person’s employer) may be required under s 169 of Evidence Act 1995 to call the person as a witness.
Evidence Act 1995 Part 4.6 Div 1 ss 38, 59, 69, 166 – 169
Practice and Procedure – commercial litigation – unrepresented parties – non-English speaking – proper advice and assistance from Court -
Evidence – tender of Business records by plaintiff bank – admissibility – Need to prove authenticity of records - Evidence Act 1995 .
Evidence Act 1995 ss 48(1), 48(1)(6), 55(1), s 7(1), 59(1), 69(1), 69(2), 81(1) 142(1), 144(1) (6), 152, 166, 168 and 169.
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