High Court decision highlights importance of proper investigations
In the decison of Lithgow City Council v Jackson [2011] HCA 36, the High Court of Australia decided that an ambulance record was inadmissible because it was hearsay. If it was opinion evidence and contained in a business record an exception under the Evidence Act would have applied. However, the ambulance officers were not called at the trial. The Court found that the ambulance records were not admissible.
The case highlights the importance of proper investigations, obtaining appropriate expert evidence and proofing witnesses early.