FX Group Holdings Pty Ltd v Perpetual Trustee Co Ltd as trustee of the CPEC 8 Trust A (formerly the CHAMP IV Trust A) (No 3) (substantive)

[2025] NSWSC 1055

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. BROWNE v DUNN
2. › plaintiff does not refer to damaging document in three witness statements
3. › whether cross-examiner obliged to invite witness to give explanation about document in cross-examination
4. › fairness does not require this: at [142]-[145].
1. Onus and Inferences
2. › plaintiff claims legal privilege
3. › privilege waived after cross-examination
4. › no evidence as to what legal advice was
5. › whether cross-examiner obliged to ask what the advice was
6. › onus on plaintiff
7. › any inference draw adverse to the plaintiff, at [409]-[410].
1. Parol Evidence Rule
2. › entire agreement clause
3. › whether can have regard to commercial context, including Heads of Agreement
4. › principles at [231]-[236], [257].
1. Corporations
2. › s 912A(1)(h), Corporations Act 2001 (Cth)
3. › obligation to have adequate risk management systems at [452]-[453]
4. › connection between s 254T(1), Corporations Act and directors’ duties at [454]-[456].

Citation[2025] NSWSC 1055

CourtNSWSC

JurisdictionNew South Wales

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