EVIDENCE — admissibility of evidence — exceptions to the hearsay rule — whether a client statement of account produced by a bookmaker is a business record within the meaning of s 69 of the Evidence Act 1995 (NSW)
Quick Take
1A client statement of account compiled from pre-existing computerised business records does not fall within the s 69(3) exclusion merely because it was printed or produced after a letter of demand was sent and litigation was contemplated; the relevant inquiry is whether the underlying representations were prepared or obtained for the purpose of proceedings.
2Section 69(2)(b) of the Evidence Act 1995 (NSW) is satisfied where the representations in a business record are based on information supplied by an agent (such as a bookmaker's clerk) who had or might reasonably be supposed to have had personal knowledge of the asserted facts, even though the principal tendering the document did not personally receive every transaction.
3A party challenging the admissibility of a business record is not entitled to require the tendering party to independently verify each underlying transaction (such as race results for thousands of bets) where the record is otherwise properly characterised as a business record under s 69.
Case Details
Citation[2026] NSWSC 1056
CourtNSWSC
JurisdictionNew South Wales
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