Esined No 9 Pty Limited v Moylan Retirement Solutions Pty Ltd; P&S Kauter Investments Pty Ltd ATF the Kauter Superannuation Fund v Moylan Retirement Solutions Pty Ltd; Graeme Manning v Arch Underwriting At Lloyds Limited on Behalf of Syndicate 2012 [2018] NSWSC 1706

Supreme Court New South Wales

Medium Neutral Citation: Esined No 9 Pty Limited v Moylan Retirement Solutions Pty Ltd; P&S Kauter Investments Pty Ltd ATF the Kauter Superannuation Fund v Moylan Retirement Solutions Pty Ltd; Graeme Manning v Arch Underwriting At Lloyds Limited on Behalf of Syndicate 2012 [2018] NSWSC 1706 Hearing dates: 5-16 November 2018 Date of orders: 12 November 2018 Decision date: 12 November 2018 Jurisdiction: Equity Before: Slattery J Decision: Statements are an admission. Evidence admitted. Catchwords: EVIDENCE – Hearsay – exceptions to hearsay rule – admissions – proceedings brought by the former clients of an investment advisory firm against the insurers of the deregistered firm pursuant to Corporations Act 2001, s 601AG – whether statements made by the principal of the firm to the clients can be admitted into evidence against underwriters – whether the statements made by the principal are hearsay – whether they are admissions that are admissible against underwriters in Corporations Act, s 601AG proceedings – Evidence Act 1995, ss 81 and 87. Legislation Cited: Corporations Act 2001, s 601AG Evidence Act 1995, ss 59(1), 64(2), 67(1), 81, 87, 190 Insurance Contracts Act 1984, s 21 Cases Cited: Allianz Australia insurance Ltd v Mercer (2014) 309 ALR 154; [2014] TASFC 3 Almario v Allianz Australia Workers Compensation (NSW) Insurance Limited; Almario v Allianz Australia Workers Compensation (NSW) Insurance Limited (2005) 62 NSWLR 148; [2005] NSWCA 19 Murdock v Lipman [2012] NSWSC 983 Smart v AAI Ltd; JRK Realty Pty Ltd v AAI Ltd [2015] NSWSC 392 Category: Procedural and other rulings Parties: (2012/374893) Esined No 9 Pty Ltd (first plaintiff) Esined No 10 Pty Ltd (second plaintiff) Moylan Retirement solutions Pty Ltd (first defendant) Arch Underwriting at Lloyd's Ltd on behalf of Syndicate 2012 (second defendant) Barbican Managing Agency Limited (third defendant) Hiscox Dedicated Corporate Member Limited (fourth defendant) Liberty Mutual Insurance Europe Limited (fifth defendant)