National Mutual Life Association of Australasia Limited v Chris Poulson Insurance Agencies Pty Ltd

(1997) 7 Tas R 10; [1997] TASSC 65

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Evidence
2. › Affidavits
3. › Hearsay on interlocutory applications
4. › Whether Rules of Court O41 r3 confers general discretion to exclude admissible affidavit hearsay
5. › Rules of Court, O41, r3
1. Evidence
2. › Affidavits
3. › Hearsay on interlocutory applications
4. › Whether source material grounding deponent's belief must itself be admissible
5. › Hearsay upon hearsay
6. › Rules of Court, O41, r3
1. Evidence
2. › Affidavits
3. › Hearsay on interlocutory applications
4. › Sufficiency of disclosure of sources and grounds of belief
5. › Rules of Court, O41, r3
1. Practice and Procedure
2. › Civil proceedings
3. › Exclusion of evidence
4. › Whether general discretion exists in civil proceedings to exclude relevant evidence

Quick Take

Order 41, rule 3 of the Tasmanian Rules of Court does not confer a general discretion to exclude affidavit hearsay evidence on interlocutory applications; the word 'may' permits admission of compliant hearsay but does not authorise exclusion on grounds of unfairness or interests of justice. Hearsay upon hearsay is admissible on interlocutory applications provided the sources and grounds of information and belief are stated, and the source material need not itself be admissible. What constitutes sufficient disclosure of sources and grounds depends on the circumstances of the case.