TASIn ForceAct
Evidence Act 2001
87Admission made with authority
Start here
Get a plain-English read of 87
Turn the raw legal text into a practical explanation grounded in Evidence Act 2001.
### 87 Admission made with authority
> > (1) For the purpose of determining whether a previous representation made by a person is also taken to be an admission by a party, the court is to admit the representation if it is reasonably open to find that –
> >
> > > > (a) when the representation was made, the person had authority to make statements on behalf of the party in relation to the matter with respect to which the representation was made; or
> > >
> > > > (b) when the representation was made, the person was an employee of the party, or had authority otherwise to act for the party, and the representation related to a matter within the scope of the person's employment or authority; or
> > >
> > > > (c) the representation was made by the person in furtherance of a common purpose, whether lawful or not, that the person had with the party or one or more persons including the party.
>
> > (2) For the purpose of this section, the hearsay rule does not apply to a previous representation made by a person that tends to prove –
> >
> > > > (a) that the person had authority to make statements on behalf of another person in relation to a matter; or
> > >
> > > > (b) that the person was an employee of another person or had authority otherwise to act for another person; or
> > >
> > > > (c) the scope of the person's employment or authority.