Panopus Plc, in the matter of Opes Prime Stockbroking Limited [2012] FCA 158

FEDERAL COURT OF AUSTRALIA

Panopus Plc, in the matter of Opes Prime Stockbroking Limited [2012] FCA 158 Citation: Panopus Plc, in the matter of Opes Prime Stockbroking Limited [2012] FCA 158

Parties: PANOPUS PLC, OPES PRIME STOCKBROKING LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 086 294 028), LEVERAGED CAPITAL PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 097 720 495), HAWKSWOOD INVESTMENTS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 098 040 683), OPES PRIME GROUP LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 120 372 223), JOHN ROSS LINDHOLM, ADRIAN LAWRENCE BROWN and PETER DAMIEN MCCLUSKEY

File number: VID 222 of 2009

Judge: GORDON J

Date of judgment: 1 March 2012

Catchwords: CORPORATIONS – Opes Prime Schemes of Arrangement – cl 7.2 of the Schemes – Established Securities Claim – "their Deposited Securities" – "otherwise associated with" EVIDENCE – whether Panopus' Scheme Claim inadmissible on grounds of hearsay – whether portfolio statements, correspondence and an Assignment deed admissible as business records - failure to call director of Panopus to give evidence – Jones v Dunkel inference – onus of proving an exception applies

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Chugg v Pacific Dunlop Limited (1990) 170 CLR 249 De Bortoli Wines Pty Limited v HIH Insurance Limited (in liq) [2011] FCA 645 Jones v Dunkel (1959) 101 CLR 298 Opes Prime Stockbroking Ltd (No 2), Re (2009) 73 ACSR 411 R v Emini & Blumberg [2011] VSC 336