Ingot Capital Investments Pty Ltd & Ors v Macquarie Equity Capital Markets Limited & Ors [2005] NSWSC 1174

New South Wales Supreme Court

Ingot Capital Investments Pty Ltd & Ors v Macquarie Equity Capital Markets Limited & Ors [2005] NSWSC 1174 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 17/11/05

JUDGMENT DATE : 17 November 2005

Equity Division JURISDICTION : Commercial List

JUDGMENT OF : Einstein J

DECISION : Orders made for filing and service of affidavits to be made by appropriate persons able to answer questions concerning whereabouts of tapes.

CATCHWORDS : Practice and Procedure - Inspection and forensic examination of electronic back up files said to be damaged - Failure to comply with Courts orders - Courts power to order defence to be struck out - Overriding Purpose of Civil Procedure Act 2005 and Rules of Court

LEGISLATION CITED : Civil Procedure Act 2005 (NSW)

Ingot Capital Investments Pty Limited ACN 006 538 147 (First Plaintiff) Stocks Convertible Limited (formerly AOIT Limited) Company No. 3241668 (Second Plaintiff) ASC Pty Limited ACN 003 573 475 (Third Plaintiff) Stocks Convertible Trust plc (formerly Australian Opportunities Investment Trust plc) (Fourth Plaintiff) Eastern States Securities Limited (Fifth Plaintiff) Ingot Capital Management Pty Limited ACN 066 017 712 (Sixth Plaintiff) Macquarie Equity Capital Markets Limited ACN 001 374 572 (First Defendant) Macquarie Equities Limited ACN 002 574 923 (Second Defendant) Macquarie Bank Limited ACN 008 583 542 (Third Defendant) Udayan Daniel Ghose (Fourth Defendant) PARTIES : Jonathan Paul Beach (Fifth Defendant) Azmin Firoz Daya (Sixth Defendant) Craig Deery (Seventh Defendant) Michael J Morrissey (Eighth Defendant) William Peck (Ninth Defendant) Paul Laurence Williams (Tenth Defendant) Peter Aroney (Eleventh Defendant) John Trowbridge Consulting Pty Limited ACN 002 135 471 (Twelfth Defendant) Patrick Murray and the persons listed in Schedule "B" to the summons (Thirteenth Defendant) Andrew Mutton and the persons in NSW listed in Schedule "A" to the summons (Fourteenth Defendant)