Section 63 — Evidence Act 1995 (NSW)

(1) This section applies in a civil proceeding if a person who made a previous representation is not available to give evidence about an asserted fact.
(2) The hearsay rule does not apply to—
(a) evidence of the representation that is given by a person who saw, heard or otherwise perceived the representation being made, or
(b) a document so far as it contains the representation, or another representation to which it is reasonably necessary to refer in order to understand the representation.

Related sections

• s 60 — Exception: evidence relevant for a non-hearsay purpose
• s 61 — Exceptions to the hearsay rule dependent on competency
• s 62 — Restriction to “first-hand” hearsay
• s 64 — Exception: civil proceedings if maker available
• s 65 — Exception: criminal proceedings if maker not available
• s 66 — Exception: criminal proceedings if maker available

Research how courts apply s 63

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.