Daily Construction: Wednesday, 9 September 2015 View in browser
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Daily Construction

Executive Summary (One Minute Read)
1165 Stud Road Pty Ltd v Power (VSC) - evidence - business record exemption - representations inadmissible
Summaries With Link (Five Minute Read)
1165 Stud Road Pty Ltd v Power [2015] VSC 476
Supreme Court of Victoria
Vickery J
Admissibility of evidence - third defendant sought admission of documents as business records - respondents to summons object on basis documents did not satisfy requirements of s69 Evidence Act 2008 (Vic) - held condition for admissibility of ‘First Representation’ on which third defendant sought to rely, contained in business record comprised in ‘Report’, did not satisfy s69(2) and therefore did not fall within exception to hearsay rule - Court had taken into account potential importance of evidence - representation containing asserted fact was not admissible - even if representation admissible and did give rise to exception to hearsay rule Court would exclude it pursuant to s135 - second category or representation excluded on ground of lack of relevance under s56(2).