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Minister for Home Affairs v Benbrika, Abdul Nacer (Ruling No 1)  VSC 886
Supreme Court of Victoria
Minister for Home Affairs v Benbrika, Abdul Nacer (Ruling No 1)
24 December 2020
PUBLIC LAW - Evidence - Application for a continuing detention order under the Commonwealth Code - Admissibility of various aspects of the evidence relied upon by the plaintiff - Relevance - Whether evidence met requirements of business records exception to hearsay rule - Whether evidence met requirements for admission as expert opinion - Whether evidence should be excluded in exercise of discretion under s 135 of Evidence Act 2008 - Whether Court should limit use of evidence under s 136 of the Act - All challenged items of evidence admissible - No basis for exclusion of any evidence or limitation on its use - Evidence Act 2008 ss 55, 59, 60, 69, 79, 135, 136.