Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport Pty Limited "JMG" v National Australia Bank Limited & Ors. [43] [2001] NSWSC 944

New South Wales Supreme Court

CITATION : Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport Pty Limited "JMG" v National Australia Bank Limited & Ors. [43] [2001] NSWSC 944 FILE NUMBER(S) : SC 50113/98; 50026/99; 3991/00 HEARING DATE(S) : 19/10/01 JUDGMENT DATE : 25 October 2001

Idoport Pty Limited (Plaintiff) PARTIES : National Australia Bank Limited (Defendant) Donald Robert Argus (Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr R Titterton (Plaintiffs) Mr J Sackar QC (Defendants) SOLICITORS : Withnell Hetherington (Plaintiffs) Freehills (Defendants) CATCHWORDS : Directions as to admissibility of evidence. DECISION : Rulings given in template form.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION – COMMERCIAL LIST 25 October 2001 Einstein J

50113/98 IDOPORT PTY LIMITED & ANOR v NATIONAL AUSTRALIA BANK LIMITED & 8 ORS

50026/99 IDOPORT PTY LIMITED & ANOR v DONALD ROBERT ARGUS 3991/00 IDOPORT PTY LIMITED ("JMG") v NATIONAL AUSTRALIA BANK Judgment 1 Objections were taken by the defendants to paragraphs in the statements of W Mackay, J C Gillick and S Mustonen.

2 The transcript of argument and written submissions from both parties makes plain that most of the issues were covered in the judgment [2001] NSWSC 529 given by the Court on 27 June 2001 relating to the evidence of Mr Ling.

3 I see no to revisit that judgment. The issue concerns the proper application of the principles set out in that judgment.

4 I publish the Court rulings in relation to each of the objections. I certify that paragraphs 1 - 4 are a true copy of the reasons for judgment herein of the Hon. Justice Einstein given on 25 October 2001