Section 87(1)(c) of the Evidence Act 1995 (NSW) operates as an intermediate step: it requires admission of evidence of a representation for the limited purpose of determining whether it is taken to be an admission by a party, but does not finally determine admissibility in substantive proceedings. Parties to a sale and purchase transaction share a 'common purpose' for the purposes of s 87(1)(c), notwithstanding that one party's objective is sale and the other's is purchase. The section does not permit admission of representations made in furtherance of a common purpose extraneous to the proceedings. Statements that appear devoid of factual content in isolation may constitute 'representations' when taken with accompanying conduct.
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