Australian Securities and Investments Commission v Storm Financial Limited (Receivers and Managers Appointed) (in liq) (No 7) [2012] FCA 1522
The court inferred that Ms Fraser, as the Abdys' financial adviser and having access to records maintained by prior advisers, had or might reasonably be supposed to have personal knowledge of the asserted facts, and therefore the business records hearsay exception in s 69(2) applied; the statement was admissible.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 29 October 2012
- Procedural Posture
- Regulatory Proceedings / Evidentiary Ruling
- Outcome
- Objection dismissed; evidence admitted
- Legal Topics
- ['hearsay' 'business Records Exception' 'managed Investment Schemes']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Regulatory Proceedings / Evidentiary Ruling
Legal Issues
- 1 ["Whether an agreed statement of facts containing a financial adviser's statement about clients' conduct is admissible under s 69(2) of the Evidence Act 1995 (Cth) as a business record exception to the hearsay rule."]
Ratio Decidendi
The court inferred that Ms Fraser, as the Abdys' financial adviser and having access to records maintained by prior advisers, had or might reasonably be supposed to have personal knowledge of the asserted facts, and therefore the business records hearsay exception in s 69(2) applied; the statement was admissible.
Court Disposition
Objection dismissed; evidence admitted
Orders
- ["Statement in para 386 of Abdys' agreed statement of facts admitted into evidence"]
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