Australian Securities and Investments Commission v Macdonald (No 4) [2008] NSWSC 1101

New South Wales Supreme Court

CITATION : Australian Securities and Investments Commission v Macdonald (No 4) [2008] NSWSC 1101

HEARING DATE(S) : 29-30 September 2008, 1-3 October 2008, 7-8 October 2008, 13-15 October 2008, 20-22 October 2008

JUDGMENT DATE : 23 October 2008

JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 23 October 2008

DECISION : Challenge to ruling that affidavit admissible rejected.

CATCHWORDS : EVIDENCE - Admissibility and relevancy - Late application to file affidavit correcting mistakes in earlier affidavit and establishing document path to plaintiff of copies of documents of 11th defendant from substantial shareholder and its representatives on board of 11th defendant - Whether leave should be refused as aiding a construct method of proof and because the documents were not included in a tender bundle as ordered - Justice of the case - Whether leave should be granted to ground cross examination for if sought to give evidence in reply may be said to be unjust

LEGISLATION CITED : Evidence Act 1995

Australian Securities and Investments Commission (Plaintiff) Peter Donald Macdonald (First Defendant) Peter James Shafron (Second Defendant) Phillip Graham Morley (Third Defendant) Michael Robert Brown (Fourth Defendant) Michael John Gillfillan (Fifth Defendant) PARTIES : Meredith Hellicar (Sixth Defendant) Martin Koffel (Seventh Defendant) Geoffrey Frederick O'Brien (Eighth Defendant) Gregory James Terry (Ninth Defendant) Peter John Willcox (Tenth Defendant) ABN 60 Pty Ltd (Eleventh Defendant) James Hardie Industries NV (Twelfth Defendant)