Buisness Records

Question 1

What does ATRA v Farmers & Graziers Co-Operative say?

Answer 1

“A record is a history of events in some form which is not evanescent”

It applies to a documents which is kept for the business and not a 3rd party purpose.

Question 2

Section 69 (1) Business Records says what?

Answer 2

Section applies to a document
That forms part of a record belonging to or kept by a person, body or organisation in the course of or for the purpose of business.
Contains a previous representation made or recorded in the document in the course of or purpose of the business.

Question 3

Section 69 (2) Business Records says what?

Answer 3

The hearsay rule does not apply to the document (so far as contains the representation) if the representation was made:
By a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact, or

On the basis of information directly or indirectly supplied by a person who had or might have reasonably be supposed to have had personal knowledge of the asserted fact.
Can be First hand or second hand hearsay.