An issue of evidence admissibility arising from a claim for damages for alleged breach of contract, negligence and misleading and deceptive conduct in relation to a boiler at a sugar mill.
The mill’s then chief engineer received from the mill’s accountants Major Items Reports pertaining to required equipment repairs at the mill. The plaintiffs sought to introduce various Major Item Reports as evidence and submitted that they were admissible pursuant to either s 1305 of the Corporations Act 2001 (Cth) or as books of account pursuant to s 84 of the Evidence Act 1977 (Qld). The defendants opposed the documents being admitted on either basis.
Matthew Hickey OAM (with P O’Shea QC) appeared for the defendants, instructed by Clayton Utz.
The judgment is published here.
