Case Analysis : Southern Equities Corporation Ltd Essay

1177 Words Nov 24th, 2016 5 Pages
PRETLOVE: IMPROPERLY OBTAINED DOCUMENTS

In Southern Equities Corporation Ltd (In Liquidation) & Ors v Bond & Ors , the Court was asked to determine whether the tendering of transcript from a previous hearing that went to the credit of the defendants was an abuse of the court’s process and should not be allowed. Lander J, the presiding Judge, undertook a lengthy analysis of the legislative provisions that provide for the admission of documents. Lander J ultimately found that the court has a discretion to exclude documents that have been obtained through improper or illegal means, albeit it is a high test concerning the abuse of court process that must be satisfied to warrant the exclusion of otherwise admissible evidence.

Lander J considered the admissibility of the defendants’ transcripts of examination. His Honour found that the transcript was relevant because it would tend to prove a matter in issue in the proceedings , and so prima facie admissible.

Similarly, the plaintiff in Pretlove seeks to rely on account documents relating to a partnership between the plaintiff and her husband, and the plaintiff’s son (not a party to the proceedings) and his ex-partner Diane, who is the defendant in these proceedings. The plaintiff seeks to rely on the documents because they go to the entirety of the debt that the defendant owes the plaintiff. The documents have the defendant’s signature, and acknowledge the debt owing. Accordingly, the documents are prima facie relevant…

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