In the matter of Idylic Solutions Pty Ltd & ors - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 568

In the matter of Idylic Solutions Pty Ltd & ors - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 568

Leave is granted to ASIC pursuant to s 50 Evidence Act to adduce as evidence summaries of voluminous documents where they are compiled by simple extraction or arithmetic from underlying documents, but not where portions properly constitute submissions or involve exercise of judgment; such portions are treated as submissions, and parties may object at trial to any aspects exceeding the scope of summary evidence.

Jurisdiction
Australia
Judgment Date
25 May 2012
Procedural Posture
Interlocutory Application / Order on Admissibility of Summary Evidence Under S 50 Evidence Act
Outcome
Leave granted in part to adduce summaries as evidence under s 50 Evidence Act except for portions characterised as submissions or requiring exercise of judgment.
Legal Topics
['summaries of Documents' 'admissibility' 'opinion Evidence' 'expert Evidence']
['evidence'] ['summaries of Documents' 'admissibility' 'opinion Evidence' 'expert Evidence']

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Procedural Posture

Interlocutory Application / Order on Admissibility of Summary Evidence Under S 50 Evidence Act

Legal Issues

  1. 1 ["Whether evidence summarising voluminous or complex underlying documents can be adduced as 'summaries' under s 50 Evidence Act 1995 (NSW)" "Whether documents prepared through application of judgment or calculation are 'summaries'" "Whether a summary of other summary documents qualifies as a 'summary'" "Whether conclusions based on underlying documents are 'summaries'"]

Ratio Decidendi

Leave is granted to ASIC pursuant to s 50 Evidence Act to adduce as evidence summaries of voluminous documents where they are compiled by simple extraction or arithmetic from underlying documents, but not where portions properly constitute submissions or involve exercise of judgment; such portions are treated as submissions, and parties may object at trial to any aspects exceeding the scope of summary evidence.

Court Disposition

Leave granted in part to adduce summaries as evidence under s 50 Evidence Act except for portions characterised as submissions or requiring exercise of judgment.

Orders

  • ["ASIC granted leave to adduce, as evidence, summaries exhibited to Mr Connor's affidavit (as amended) except miscellaneous scheme spreadsheets and Treasuries spreadsheets;" "ASIC granted leave to adduce as evidence the Reconstructed Bank Account Schedules at tabs 5, 42, and 85 of Mr Taylor's affidavit;" "Remaining...