Global Medical Imaging Management Limited (in liquidation) v Australian Mezzanine Investments Pty Limited & Anor [2003] NSWSC 431

New South Wales Supreme Court

CITATION : Global Medical Imaging Management Limited (in liquidation) v Australian Mezzanine Investments Pty Limited & Anor [2003] NSWSC 431 HEARING DATE(S) : 16/05/03 JUDGMENT DATE : 16 May 2003

JURISDICTION: Equity Division Commercial List JUDGMENT OF : Einstein J DECISION : Document admitted into evidence in part.

CATCHWORDS : Evidence - Report of events at a meeting - Section 135, Section 136 discretionary provisions LEGISLATION CITED : Evidence Act 1995 CASES CITED : R v Clarke [2001] NSWCCA 494 R v Paterson [2001] NSWCCA 316 Global Medical Imaging Management Limited (in liquidation) (formerly called Minotaur Funds Limited) (Plaintiff) PARTIES : Australian Mezzanine Investments Pty Limited (First Defendant) Perpetual Trustee Company Limited (Second Defendant) FILE NUMBER(S) : SC 50157/01 Mr SD Rares SC, Mr Lee (Plaintiff) COUNSEL : Mr NC Hutley SC, Mr Jones (First Defendant) Mr PM Wood (Second Defendant) Morgan Lewis Alter (Plaintiff) SOLICITORS : Baker & McKenzie (First Defendant) Blake Dawson Waldron (Second Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Einstein J

Friday 16 May 2003 ex tempore Revised 21 May 2003

50157/01 Global Medical Imaging Management Limited (in liquidation) v Australian Mezzanine Investments Pty Limited & Anor JUDGMENT – on objection to documents in Exhibit PX, pages 1073 to 1074B; see page 624 of transcript 1 Objection has been taken to the admission into evidence of the document to be found in volume 3 [pages 1074A and B] of the materials in Exhibit PX [comprising the agreed bundle which was admitted into evidence subject to objection]. 2 The document comprises notes by Mr Kempen and is headed " VIG-Call from Ron Meikle 24 May 1997". [The document at 1074A and B is in fact a typed plaintiff's version of the handwritten document to be found in Exhibit PX volume 3 pages 1073 and 1074].