Evidence Act documentary evidence provisions should be read expansively, in favour of admissibility

In Hurley v Southwick [1999] VSC 326, Justice Warren observed at [16]:

The starting point in determining the question of admissibility is that provisions such as  s.55 of the  Evidence Act should not be restrictively construed (see Moreley v National Insurance CoR v Ernst & Ors (1984) VR 593, 596; and Wielgus v Wielgus (1959) VR (1967) VR 556, 567; and 193).’

Advertisement