Hearsay

Question 1

What does section 59 of the EA state?

Answer 1

1. Evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by the representation.

Question 2

What is the three part test in 59(1)?

Answer 2

1. Is it a previous representation?
2. Was it made by a person?
3. It is not admissible to prove the existence of a fact that it can be reasonably supposed they intended to assert.

Question 3

What does 59(3) state about certificates?

Answer 3

The hearsay rule does not apply to FPO, Licence Checks by RMS etc.

Question 4

What is section 55 of the evidence act?

Answer 4

Evidence is relevant in a proceedings is evidence, that if it were accepted, could rationally affect the assessment of the provability of the existence of a fact in issue in the proceedings

Question 5

What is section 60?

Answer 5

Once the evidence is admitted for a non hearsay purpose it can be relied upon for its intended purpose.