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Evidence Act 2011
87Admissions made with authority
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87 Admissions made with authority
(1) For the purpose of deciding whether a previous representation made
by a person is also taken to be an admission by a party, the court must
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
in relation 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 1 or more people including the party.
(2) For 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
someone else in relation to a matter; or
(b) that the person was an employee of someone else or had
authority otherwise to act for someone else; or
(c) the scope of the person’s employment or authority.