A statement in a Commercial List response that a party 'does not seek to challenge' certain relief is not an admission of entitlement to that relief or of the underlying facts, but merely a statement of attitude and intention. A copy minute of a corporate resolution does not prove itself as a business record under s 69 of the Evidence Act 1995 (NSW); extrinsic evidence is necessary to establish its authenticity and that it forms part of the records of the business. A court must hear both parties before formulating and ordering separate questions, and separate questions are inappropriate where credibility issues overlap with the main proceedings.
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