AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v SINGAPORE LIASON PTY LTD [1998] FCA 1813

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 139 of 1998

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Applicant

AND: SINGAPORE LIASON PTY LTD

First Respondent

LANCE FREDERICK SHAW

ALSO KNOWN AS HASSAN MOHAMMADI

Second Respondent

FAWZIAH RAHMAN

Third Respondent

MATTHEW FERGUSON SHAW

Fourth Respondent

GRAEME ROSS KOVALEVSKY

Fifth Respondent

JOHN WILLIAM HOWARD

Sixth Respondent

BRIAN LUCAS PERRY

Seventh Respondent

JUDGE: COOPER J

DATE OF RULING: 18/12/98

WHERE MADE: BRISBANE

RULING

THE COURT RULES THAT : 1. Subject to establishing :- (a) the relevance of the specific statements from the transcripts of evidence of the third respondent and other persons examined by Rodney James Peters pursuant to s19 of the Act which it wishes to tender into evidence against the third respondent in respect of the issues raised against her; (b) that the statements of persons other than the third respondent would, if given personally in these proceedings by those persons, be admissible against the third respondent; and (c) that the evidence is not otherwise inadmissible under the Evidence Act 1995 (Cth) the ASIC is entitled to tender into evidence the making of such statements and rely upon that evidence for the purpose of this interlocutory application. 2. The ASIC, in default of having given notice under s79 of the Act, is not entitled to adduce into evidence pursuant to the Act, statements admissible against the third respondent if the conditions as to admissibility under s76 and s77 of the Act are otherwise satisfied. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.