Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Cassimatis (No 5) [2016] FCA 612 File number: QUD 574 of 2010
Judge: EDELMAN J
Date of judgment: 30 May 2016
Catchwords: EVIDENCE – evidence of subsequent losses – whether admissible to prove facts relating to whether advice given at an earlier time was reasonable – whether evidence of subsequent losses could affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue – discretion to exclude under s 135(a) or (c) of the Evidence Act 1995 (Cth)
Legislation: Evidence Act 1995 (Cth) ss 55(1), 135(a), 135(c)
Cases cited: Anchor Products Ltd v Hedges [1966] HCA 70; (1966) 115 CLR 493 Government Insurance Office of NSW v Fredrichberg [1968] HCA 54; (1968) 118 CLR 403 Housing Commission (NSW) v Falconer [1981] 1 NSWLR 547 Minister Administering the Crown Lands ACT v Deerubbin Local Aboriginal Land Council (No 2) [2001] NSWCA 28; (2001) 50 NSWLR 65 Minister for Army v Parbury Henty & Co Pty Ltd [1945] HCA 52; (1945) 70 CLR 459 Piening v Wanless [1968] HCA 7; (1968) 117 CLR 498 R v Ahola (No 2) [2013] NSWSC 69 Schellenberg v Tunnel Holdings Pty Ltd [2000] HCA 18; (2000) 200 CLR 121 Stafford v Conti Commodity Services Ltd [1981] 1 All ER 691
Date of hearing: 30 May 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
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