In the matter of Idylic Solutions Pty Ltd & ors - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 731

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 731 Hearing dates: 27 June 2012 Decision date: 29 June 2012 Jurisdiction: Equity Division - Corporations List Before: Ward J Decision: Application for adjournment of hearing date dismissed Catchwords: PRACTICE AND PROCEDURE - adjournment application - substantially similar to previous application for adjournment - heard as fresh application - application based on medical evidence regarding the first defendant's health - four to six month adjournment sought - no evidence to suggest that the first defendant's health would be substantially improved in that period - HELD - application dismissed

EVIDENCE - expert evidence - evidence not given in compliance with Expert Witness Code of Conduct - whether to admit evidence on discretionary basis - HELD - evidence not admitted Legislation Cited: Judicature Act 1908 (NZ) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Barak Pty Ltd v W T H Pty Ltd [2002] NSWSC 649 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Commonwealth Development Bank of Australia Pty Ltd v Cassegrain [2002] NSWSC 980 Hodder Rook & Associates Pty Ltd v Genworth Financial Mortgage Insurance Pty Ltd [2011] NSWCA 279 Fagenblat v Feingold Partners Pty Ltd [2001] VSC 454 Foster v Harvey [2006] NSWSC 1112 Jermen v Shell Company of Australia Ltd and Anor [2003] NSWSC 1106 Kirch Communications Pty Ltd v Gene Engineering Pty Ltd [2002] NSWSC 485 Langbourne v State Rail Authority [2003] NSWSC 537 Makita Australia Pty Ltd v Sproules (2001) 52 NSWLR 705 National Australia Bank Ltd v Rusu [1999] NSWSC 539 National Justice Compania Naviera SA v Prudential Assurance Co Ltd (The Ikarian Reefer) [1993] 2 Lloyd's Rep 68 Rajski v SCITEC Corporation Pty Ltd (Unreported, NSWCA, 16 June 1986) United Rural Enterprises Pty Ltd v Lopmand Pty Ltd & Ors [2003] NSWSC 870 Texts Cited: N/A 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) Solicitors Georgina Hayden, Solicitor for Australian Securities and Investments Commission (Plaintiff)