Section 47Part 4 — Civil proceedings
Admissibility of certain records
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47. (1) Without prejudice to section 48, in a civil proceeding, a statement contained in a document is, subject to this section and to Rules of Court, admissible as evidence of any fact therein stated to which direct oral evidence would be admissible, if the document is, or forms part of, a record compiled by a person acting under a duty from information which was supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information and which, if not supplied by that person to the compiler of the record directly, was supplied by that person to the compiler of the record indirectly through one or more intermediaries each acting under a duty.
Where, in a civil proceeding, a party desiring to give a statement in evidence by virtue of this section has called or intends to call as a witness in the proceeding the person who originally supplied the information from which the record containing the statement was compiled, the statement —
shall not be given in evidence by virtue of this section on behalf of that party without the leave of the court; and
without prejudice to paragraph (a), shall not, without the leave of the court, be given in evidence by virtue of this section on behalf of that party before the conclusion of the examination-in-chief of the person who originally supplied the said information.
Reference in this section to a person acting under a duty includes a person acting in the course of any trade, business, profession or other occupation in which the person is engaged or employed or for the purposes of any paid or unpaid office held by him.