ASIC v Rich [2006] NSWSC 826

Reported Decision : 58 ACSR 414

New South Wales Supreme Court

CITATION : ASIC v Rich [2006] NSWSC 826 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 14 August 2006

JUDGMENT DATE : 21 August 2006

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Plaintiff's reading of some affidavits/parts of affidavits held to amount to impermissible splitting of its case; other affidavits/parts of affidavits held to be permissible as evidence in reply

CATCHWORDS : EVIDENCE - evidence in reply - splitting the case - civil penalty proceeding - whether plaintiff should be permitted to adduce evidence in reply notified to defendants after it closed its case in chief but before they opened their case in defence - whether defendants' evidence under reply reasonably foreseeable during plaintiff's case in chief

LEGISLATION CITED : Corporations Act 2001 (Cth) s 1317L Uniform Civil Procedure Rules 2005, rule 29.6

Killick v R (1981) 147 CLR 565 Lawrence v R (1981) 38 ALR 1 R v Chin (1985) 157 CLR 671 CASES CITED : R v Frost (1839) 4 St Tr (NS) 86 Re HIH Insurance Ltd (in prov liq); ASIC v Adler (2001) 40 ACSR 214 Rich v ASIC (2004) 220 CLR 129 Shaw v R (1952) 85 CLR 365

Australian Securities and Investments Commission (P) PARTIES : John David Rich (D1) Mark Alan Silbermann (D4)

FILE NUMBER(S) : SC 5934/01

COUNSEL : R B S Macfarlan QC with J P A Durack SC (P) D L Williams SC with M J Steele (D1, D4)