The reliability assessment under s 65(2)(d)(ii) of the Evidence Act 1995 (NSW) is directed to the circumstances in which the representation was made, considered as a whole, not to the accuracy of particular asserted facts within it. The threshold of 'likely' reliable in s 65(2)(d)(ii) is less onerous than 'highly probable' in s 65(2)(c). Appellate review of a trial judge's ruling under s 65(2)(d)(ii) proceeds on the correctness standard (Warren v Coombes), not the House v The King discretionary standard, because the statutory question is binary.
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