In the matter of Metal Storm Limited (in liquidation) (receivers and managers appointed) (No 2) [2019] NSWSC 1682

In the matter of Metal Storm Limited (in liquidation) (receivers and managers appointed) (No 2) [2019] NSWSC 1682

On the available evidence, it was not established that Mr Easton's hindsight statements could be considered statements 'made by' ASOF for the purposes of s 5D(3)(b) Civil Liability Act 2002 (NSW); therefore, the affidavits' paragraphs were admitted over objection, and their weight will be assessed in accordance with common law caution regarding such evidence.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Corporate Contract/negligence Claim / Admissibility Ruling in Remitted Damages Hearing
Outcome
Objection to admissibility of paragraphs of affidavits overruled; evidence admitted.
Legal Topics
['admissibility of Hindsight Evidence' 'procedural Vs Substantive Law' 'corporate Plaintiffs and Admissibility' 'statutory Construction']
['evidence' 'corporations' 'contract' 'negligence'] ['admissibility of Hindsight Evidence' 'procedural Vs Substantive Law' 'corporate Plaintiffs and Admissibility' 'statutory Construction']

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Procedural Posture

Corporate Contract/negligence Claim / Admissibility Ruling in Remitted Damages Hearing

Legal Issues

  1. 1 ['Whether s 5D(3)(b) Civil Liability Act 2002 (NSW) applies to statements made by natural persons on behalf of corporate plaintiffs' "Which jurisdiction's civil liability legislation governs admissibility of evidence in the proceedings" "Whether Mr Easton's hindsight evidence is inadmissible on grounds it is a statement 'made by the person' who suffered harm"]

Ratio Decidendi

On the available evidence, it was not established that Mr Easton's hindsight statements could be considered statements 'made by' ASOF for the purposes of s 5D(3)(b) Civil Liability Act 2002 (NSW); therefore, the affidavits' paragraphs were admitted over objection, and their weight will be assessed in accordance with common law caution regarding such evidence.

Court Disposition

Objection to admissibility of paragraphs of affidavits overruled; evidence admitted.

Orders

  • ['Paragraphs of affidavits by Mr Easton admitted over objection.']