A document externally generated and received by a business is not 'used for the purpose of recording any matter relating to the business' within the meaning of the definition of 'business record' in s 79B of the Evidence Act 1906 (WA) merely because the business receives, retains and uses it as a record of information; there must be some further or ongoing recording of information by or on behalf of the business. Survey responses completed by third parties are not business records of the entity conducting the survey. The s 79C(6) discretion to reject a deceased expert's report will be exercised where the report addresses central issues, the inability to cross-examine causes undue prejudice, and the points made can substantially be addressed through cross-examination of other witnesses and submissions.
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