In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 377

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 377 Hearing dates: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that affidavit be admitted with a limiting order under s 136 of the Evidence Act 1995 (Cth). Catchwords: EVIDENCE – Admissibility of affidavit – where affidavit of second liquidator adopted the affidavit of earlier liquidator – where affidavit of second liquidator may be inadmissible under provisions of the Evidence Act 1995 (Cth) – whether Court should admit affidavit evidence by dispensing with application of provisions of the Evidence Act 1995 (Cth) under s 190 of the Evidence Act 1995 (Cth) – whether affidavit evidence should be admitted with limiting order under 136 of the Evidence Act 1995 (Cth). Legislation Cited: - Corporations Act 2001 (Cth), ss 95A, 588FG(2), - Evidence Act 1995 (Cth), ss 79, 136, 190- Cases Cited: - Collins Thomson Pty Ltd (in liq) v Clayton [2002] NSWSC 366 - Keys v Salway [2015] NSWSC 613 - Singh v Singh [2007] NSWSC 1357 Category: Procedural and other rulings Parties: Alsafe Security Products Pty Ltd atf The Alsafe Trust (in liquidation) (First Plaintiff) Terry Grant Van Der Velde as liquidator of Alsafe Security Products Pty Ltd atf The Alsafe Trust (in liquidation) (Second Plaintiff) Darley Aluminium Trading Pty Ltd (Defendant) Representation: Counsel: I J King (Plaintiffs) M Tovey (Defendant)