Australian Securities and Investments Commission v Park Trent Properties Group Pty Ltd (No 1) [2015] NSWSC 752

Supreme Court New South Wales

Medium Neutral Citation: Australian Securities and Investments Commission v Park Trent Properties Group Pty Ltd (No 1) [2015] NSWSC 752 Hearing dates: 3-5, 9-12 June 2015 Decision date: 04 June 2015 Jurisdiction: Equity Division Before: Sackville AJA Decision: Objections to the reading of affidavits and the tender of statements of the investor witnesses overruled Catchwords: EVIDENCE – whether evidence tendered is tendency evidence within s 97(1) of the Evidence Act 1995 (NSW) – evidence not tendered to prove propensity but as direct evidence of a business conducted in contravention of s 911A(1) of the Corporations Act 2001 (Cth) – evidence admitted Legislation Cited: Corporations Act 2001 (Cth), ss 761A, 764A, 766A, 766B(1), 911A(1) Superannuation Industry (Supervision) Act 1993 (Cth), s 10(1)

Evidence Act 1995 (NSW), Part 3.6; ss 94(3), 95, 97(1) Cases Cited: Combined Insurance Company of America v Trifunovski (No 4) [2011] FCA 271 Elomar v R [2014] NSWCCA 303; 316 ALR 206 Jacara Pty Ltd v Perpetual Trustees WA Ltd [2000] FCA 1886; 106 FCR 51 Richards v Macquarie Bank Ltd (No 2) [2012] FCA 1403; 301 ALR 494 Trylow v Commissioner of Taxation [2004] FCA 46; 55 ATR 408 White v Johnston [2015] NSWCA 18 Category: Procedural and other rulings Parties: Australian Securities & Investments Commission (Plaintiff) Park Trent Properties Group Pty Ltd (Defendant) Representation: Counsel: Ms EA Cheeseman SC / TO Prince / KS Anderson (Plaintiff) J Hewitt (Defendant)