Business Records Flashcards
What is a business record?
Internal records kept for business.
What is a representation?
express or implied, written or oral, inferred from conduct
What is a documet?
any record of information and includes anything
- writing
- marks or figures on it
- sounds, images or writings can be reproduced without aid
- a map, plan, drawing or photo
What is a record?
It is not defined in the Act. Rely on cases - ATRA v Farmers & Graziers Co-Operative
“a history of events in some form which is not evanescent”
“internal records kept by or for that company in respect of its business
What is required for a document to be a business record?
the documents must, at some stage have been in the custody or control of the business as part of its records, or have been able to access the document.
What section of the evidence Act covers business records?
section 69
What does the case of Re Marra Developments [1972] 2 NSW say about business records?
“in the course of or for the purpose of”
The statement or representation must relate to the course (operations) of the business, not to personal or other matters that may happen to be disclosed within a document.
What does section 69(1) state?
this section applies to a document that forms part of the records belonging to a business. Contains a previous representation made or recorded in a document through the course of business.
What does section 69(2) state?
The hearsay rule does not apply to the document if the representation was made by:
- a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact.
- on the basis of information directly or indirectly supplied by a person who had or might reasonably have had personal knowledge of the asserted fact.
Is the business record exception restricted to 1st hand hearsay?
No, it can include second hand hearsay.
What does section 69(3) state?
the exception in (2) does not apply if prepared or obtained for the purpose of conducting legal proceedings or if it was made for criminal proceedings.
What does section 69(4) state?
If a record is kept to say that there is no record kept, it is admissible - the hearsay rule does not apply to it
Who can produce business records?
under section 170, a person referred to in the table under 171 may give such evidence.
Generally speaking it must be someone who at. the relevant time or afterwards, had a position or responsibility in relation to making or keeping the document or thing.
What does section 173 state?
that reasonable notice must be given of business record intended to rely upon.
28 days is usually sufficient however section 168 states 21 days could be sufficient.
What does section 50 state about voluminous/complex documents?
May produce a summary to the Court. It will need to be served on the other party and the other party must have had time to examine a copy of the document in question.
