Marsden v Amalgamated Television Services Pty Limited

HIS HONOUR: I am not presently persuaded that the documents the subject of the tender; namely a letter from Telstra dated 28 January 2000 - which was the first component of the tender - or the second component of the tender made up of a letter dated 18 November 1999 addressed to the Prothonotary, and a letter dated 11 February 2000 enclosing the former, plus what is described as a “ source” document, are admissible by the operation either of s 69 in terms of each respectively being a business record.

The argument Mr Stitt advances as to internal statements in the tender documents pointing to them not being such is persuasive, and therefore not being business records, are not amenable to the operation of s 48(1)(e), which requires the operation of subparagraphs 1 and 2 conjunctively. The documents will be marked for identification 204.