In the matter of Idylic Solutions Pty Ltd & ors - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 568

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Idylic Solutions Pty Ltd & ors - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 568 Hearing dates: 11 and 17 April, and 16 May 2012 Decision date: 25 May 2012 Jurisdiction: Equity Division Before: Ward J Decision: Leave granted pursuant to s 50 Evidence Act to adduce summaries as evidence of contents of documents (with exception of parts of the summaries properly to be characterised as submissions) Catchwords: EVIDENCE - s 50 Evidence Act 1995 (NSW) - whether evidence summarising voluminous or complex underlying documents could be adduced as "summaries" pursuant to s 50 - whether a document prepared through a process that involved the exercise of judgment or the application of a calculation is a "summary" - whether document summarising other summary documents is a "summary" - whether a conclusion based on underlying documents is a summary - HELD - document prepared through simple application of arithmetical formula is a "summary" - document prepared involving the exercise of judgment or opinion is not a "summary" - document summarising other summary documents is a "summary" - evidence containing conclusions are not "summaries" but are to be treated as submissions Legislation Cited: Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beattie & Sutherland v Osman (No 3) [2009] NSWSC 824 Gate Gourmet Australia Pty Ltd (in liq) v Gate Gourmet Holding [2004] NSWSC 768 Thackray v Gunns Plantations Ltd (2011) 85 ACSR 144 Texts Cited: Macquarie Dictionary (online) S Odgers, Uniform Evidence Law (9th ed, 2010) Category: Interlocutory applications Parties: Australian Securities and Investments Commission (Plaintiff) David John Hobbs (First Defendant) Min Hua Li (Second Defendant) David John Collard (Third Defendant) Hui Min Wu (Fourth Defendant) Con Koutsoukos (Fifth Defendant) Brian John Wood (Sixth Defendant) Jimmy Truong (Seventh Defendant) Jacqueline Hobbs (Eighth Defendant) Idylic Solutions Pty Ltd ACN 121 960 754 (Ninth Defendant) 888 Management Inc (Tenth Defendant) Geneva Financial Ltd (Eleventh Defendant) Barclaywest Ltd (Twelfth Defendant) Preserved Investment Group Ltd (Thirteenth Defendant) North Wave Ltd (Fourteenth Defendant) G P Global Ltd (Fifteenth Defendant) Representation: Counsel: J R Clarke (Plaintiff) M Southwick (First, Eighth & Eleventh Defendants – 11 and 17 April 2012) Solicitors: Georgina Hayden, Solicitor for Australian Securities and Investments Commission (Plaintiff) Prime Lawyers (Fifth, Eighth & Eleventh Defendants) File Number(s): 07/258119