Federal Court of Australia - Order from today's Case Management Hearing
This whole thing is getting bloody beautiful... McIvor
has something to hide and
Paul Steer and
KPMG want to know what it is... Oh the machinations of it all...
Whatever it is, it must materially affect
Steer and
KPMG and they want their hands on it... Now was Marky Boy being transparent in dealing with his auditors ??? Looks like there might be a, to date, unnamed witness that's going to come forward with some new and
"Very Relevant" documents that are irrefutable...
What is "Marky Boy" trying to hide... I think I know what it is
As more comes out there will be much more than banning orders from ASIC in the coming months...
The
FUN is just about to start folks...
No: (P)NSD2028/2013
Federal Court of Australia
District Registry: New South Wales
Division: General
IN THE MATTER OF EQUITITRUST LIMITED (ACN 061 383 944) (IN LIQUIDATION) (RECEIVER APPOINTED) (RECEIVERS AND MANAGERS APPOINTED)
EQUITITRUST LIMITED (ACN 061 383 944) (IN LIQUIDATION) (RECEIVER APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) IN ITS CAPACITY AS RESPONSIBLE ENTITY OF THE EQUITITRUST INCOME FUND
Plaintiff
EQUITITRUST LIMITED (ACN 061 383 944) (IN LIQUIDATION) (RECEIVER APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) IN ITS OWN CAPACITY and others named in the schedule
First Defendant
ORDER
JUDGE:
Justice Foster
DATE OF ORDER:
16 December 2015
WHERE MADE:
Sydney
THE COURT ORDERS THAT:
Proposed Further Amended Statement of Claim
1. Leave be granted to the plaintiff to file and serve by 17 December 2015 an Amended Interlocutory Application (Amended Interlocutory Application) in the form of the Amended Interlocutory Application initialed and dated by Foster J this day (16 December 2015).
2. Annexures A and B to the Amended Interlocutory Application be placed on the Court file.
3. By 22 December 2015, the fifth and sixth defendants serve a schedule upon the plaintiff identifying which paragraphs of the proposed Further Amended Statement of Claim attached to the Amended Interlocutory Application (FASOC) they oppose and the basis of their opposition in each case.
4. By 12 February 2016, the plaintiff file and serve any further evidence in support of the Amended Interlocutory Application.
5. By 4 March 2016, the fifth and sixth defendants file and serve any evidence in opposition to the Amended Interlocutory Application.
6. By 11 March 2016, the fifth and sixth defendants file and serve any written outlines of argument in relation to the Amended Interlocutory Application.
7. By 17 March 2016, the plaintiff file and serve any written outlines of argument in relation to the Amended Interlocutory Application.
8. The Amended Interlocutory Application be listed for hearing at 10.15 am on 21 March 2016 before Foster J.
Privilege Claims by the Second Defendant
9. The documents the subject of the fifth and sixth defendants’ Notice to Produce issued on 10 December 2015 be
produced to the Court by the
plaintiff by
producing the documents in sealed containers marked
“Subject to a claim for legal professional privilege by the second defendant.
Not to be opened without an order of the Court or the consent of the second defendant.”
10. By 4.00 pm on 5 February 2016, the second defendant file and serve upon the fifth and sixth defendants:
(a) A Schedule (Schedule), in the form below, setting out a description of the documents over which a claim of legal professional privilege (privilege) has been made, the basis of the claim of privilege in each case and an explanation of the basis of the claim;
The Claim Basis of the Claim by the Second Defendant Fifth and Sixth Defendants’ Response
(b) Any affidavits or other material in support of the claims of privilege; and
(c) An outline of submissions in support of the claim of privilege not exceeding 15 pages in length.
11. By 4.00 pm on 19 February 2016, the fifth and sixth defendants file and serve upon the second defendant:
(a) A response to the Schedule;
(b) Any affidavits or other material responding to the second defendant’s claims of privilege; and
(c) An Outline of Submissions not exceeding 15 pages in length.
12. By 4.00 pm on 4 March 2016, the second defendant file and serve upon the fifth and sixth defendants any submissions or affidavit material in reply.
13. In respect of any claims of privilege made by the second defendant which are not accepted by the fifth and sixth defendants, the
claims of privilege shall be referred to a Judge of the Court for determination on a date to be fixed by that Judge on the basis that, subject to any further or other order of the Court, that Judge will determine the claims of privilege on the papers having regard to:
(a) The documents, copies of which have been produced to the Court by the plaintiff;
(b) The materials referred to at pars 10 to 12 above; and
(c) Without any further written or oral submissions unless requested or allowed by that Judge.
14. Following the making of a determination by the Court as to the claims of privilege made by the second defendant:
(a) The fifth and sixth defendants may inspect and take copies of any documents where any claim of privilege has been rejected by the Court and the fifth and sixth defendants must confirm forthwith in writing to the second defendant that they have done so; and
(b) The second defendant may uplift from the Court any documents where any claim of privilege has been upheld by the Court and the second defendant must confirm forthwith in writing to the fifth and sixth defendants that they have done so.
15. Costs be reserved.
Case Management
16. Liberty be granted to all parties to apply on three (3) days’ notice or on such shorter notice as a Judge might allow.
17. The proceeding be listed for further case management at 9.30 am on 11 March 2016 before Foster J.
Date that entry is stamped:
Deputy District Registrar
Schedule
No: (P)NSD2028/2013
Federal Court of Australia
District Registry: New South Wales
Division: General
Second Defendant:
MARK MCIVOR
Third Defendant: WAYNE MCIVOR
Fourth Defendant: THOMAS HANEY
Fifth Defendant:
KPMG (A FIRM)
Sixth Defendant:
PAUL STEER
https://www.comcourts.gov.au/file/Federal/P/NSD2028/2013/actions