NSW Caselaw
New South Wales Supreme Court
CITATION : Australian Securities and Investments Commission v Macdonald (No 3) [2008] NSWSC 1099
HEARING DATE(S) : 29-30 September 2008, 1-3 October 2008, 7-8 October 2008, 13-15 October 2008
JUDGMENT DATE : 20 October 2008
JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 20 October 2008
DECISION : Tender rejected except for board papers relating to confirmation of the minutes of the earlier board meeting.
CATCHWORDS : EVIDENCE - Admissibility and Relevancy - Late tender of documents after examination and cross-examination of witnesses - Whether an explanatory memorandum referring to a link to a website to submissions to the Jackson inquiry is admissible as a relevant business record or as admission against its signatories because of the content of the submissions - Whether the submissions sent to various defendants are admissible against them as admissions by silence in failing to correct the matter in the submissions - Whether board papers relating to confirmation of the minutes of an earlier board meeting are relevant - Whether the balance of the board papers of the later meeting are relevant
Fatal Accidents Act 1846 (UK) LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Evidence Act 1995
Willis v The Commonwealth (1946) 73 CLR 105 Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 42 FLR 331 HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd [2004] HCA 54, (2004) 217 CLR 640 Seven Network Ltd v News Ltd [2007] FCA 1062 Maloney v Commissioner for Railways (NSW) (1978) 52 ALJR 292 CASES CITED : State of New South Wales v Fahy [2007] HCA 20, (2007) 232 CLR 486 Swain v Waverley Municipal Council [2005] HCA 4, (2005) 220 CLR 517 Laybutt v Glover Gibbs Pty Ltd [2005] HCA 56, (2005) 79 ALJR 1808 ASIC v MacDonald [2008] NSWSC 995 R v Delgado-Guerra [2001] QCA 266, (2002) 2 Qd R 384 Lustre Hosiery Ltd v York (1935) 54 CLR 134 Thomas v Hollier (1984) 156 CLR 152
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