In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 377

In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 377

The affidavit evidence of the second liquidator adopting the report of the former liquidator is admitted, but only with a limiting order under s 136 of the Evidence Act 1995 (Cth) such that those parts are to be treated as submission only. The requirements for expert evidence under s 79 are not met in full by the adopting affidavit, but the lack of dispute over insolvency and the running account justifies dispensing with strict requirements under s 190.

Jurisdiction
Australia
Judgment Date
18 March 2016
Procedural Posture
Voidable Preference Claim / Procedural Ruling on Admissibility of Affidavit Evidence
Outcome
Affidavit admitted with a limiting order under s 136 of the Evidence Act 1995 (Cth)
Legal Topics
['admissibility of Affidavit' 'expert Evidence in Insolvency' 'application of Evidence Act 1995 (cth) S 136 and S 190' "liquidator's Expert Evidence"]
['evidence' 'corporations Law'] ['admissibility of Affidavit' 'expert Evidence in Insolvency' 'application of Evidence Act 1995 (cth) S 136 and S 190' "liquidator's Expert Evidence"]

Case Brief

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Procedural Posture

Voidable Preference Claim / Procedural Ruling on Admissibility of Affidavit Evidence

Legal Issues

  1. 1 ['Whether the affidavit of the second liquidator adopting the affidavit of an earlier liquidator is admissible in evidence' 'Whether the affidavit evidence should be admitted with a limiting order under s 136 of the Evidence Act 1995 (Cth)' 'Whether the Court should dispense with the strict application of the Evidence Act 1995 (Cth) under s 190']

Ratio Decidendi

The affidavit evidence of the second liquidator adopting the report of the former liquidator is admitted, but only with a limiting order under s 136 of the Evidence Act 1995 (Cth) such that those parts are to be treated as submission only. The requirements for expert evidence under s 79 are not met in full by the adopting affidavit, but the lack of dispute over insolvency and the running account justifies dispensing with strict requirements under s 190.

Court Disposition

Affidavit admitted with a limiting order under s 136 of the Evidence Act 1995 (Cth)

Orders

  • ['Ordered that the affidavit of the second liquidator be admitted with a limiting order under s 136 of the Evidence Act 1995 (Cth)']