Australian Securities and Investments Commission v Storm Financial Limited (Receivers and Managers Appointed) (in liq) (No 6) [2012] FCA 996

Australian Securities and Investments Commission v Storm Financial Limited (Receivers and Managers Appointed) (in liq) (No 6) [2012] FCA 996

ASIC was confined to its pleaded and particularised knowledge case against MBL. Because the relevant pleadings did not specifically identify knowledge held by Ms Winton in the period between 2000 and 2005, and because background, peripheral supporting evidence and document commentary were unnecessary or not directly...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 July 2012
Procedural Posture
Regulatory Proceedings Brought by the Australian Securities and Investments Commission / Ex Tempore Ruling on Macquarie Bank Limited's Objections to Paragraphs 5 to 25 of the Outline of the Anticipated Evidence of Angela Winton
Outcome
Macquarie Bank Limited's objections were allowed in part and not pressed or rejected in part; specified paragraphs of Ms Winton's outline of anticipated evidence were disallowed, allowed, or allowed only for limited provenance purposes.
Legal Topics
['relevance of Evidence' 'pleadings and Particulars' 'particulars of Knowledge' 'managed Investment Scheme' 'objections to Anticipated Evidence']
['evidence' 'civil Procedure' 'corporations'] ['relevance of Evidence' 'pleadings and Particulars' 'particulars of Knowledge' 'managed Investment Scheme' 'objections to Anticipated Evidence']

Source-derived case record

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Procedural Posture

Regulatory Proceedings Brought by the Australian Securities and Investments Commission / Ex Tempore Ruling on Macquarie Bank Limited's Objections to Paragraphs 5 to 25 of the Outline of the Anticipated Evidence of Angela Winton

Legal Issues

  1. 1 ["Whether paragraphs 5 to 25 of Ms Angela Winton's outline of anticipated evidence were relevant to any issue in ASIC's pleaded case against Macquarie Bank Limited." "Whether ASIC could rely on evidence of Ms Winton's alleged knowledge between 2000 and 2005 when the pleaded particulars concerning her knowledge referred to dates in 2006." 'Whether background, peripheral supporting evidence, and commentary on documents should be allowed in the outline of anticipated evidence.']

Ratio Decidendi

ASIC was confined to its pleaded and particularised knowledge case against MBL. Because the relevant pleadings did not specifically identify knowledge held by Ms Winton in the period between 2000 and 2005, and because background, peripheral supporting evidence and document commentary were unnecessary or not directly relevant to pleaded issues, most of the objected-to paragraphs were disallowed. Provenance evidence for documents was permitted only to the limited extent necessary for the separate process concerning admissibility of documents.

Court Disposition

Macquarie Bank Limited's objections were allowed in part and not pressed or rejected in part; specified paragraphs of Ms Winton's outline of anticipated evidence were disallowed, allowed, or allowed only for limited provenance purposes.

Orders

  • ['Paragraphs 5 (second sentence), 10, 11, 12, 13, 15, 21, 22 and 23 of the outline of the anticipated evidence of Angela Winton, filed by the plaintiff on 13 April 2012, are disallowed.' 'Paragraphs 5 (balance thereof), 6, 7, 8, 9 and 25 of the outline of the anticipated evidence of Angela Winton, filed by the...