Hello Jadel, with regards to your post regarding dichotomy. Coincidence or planned?
The CA, NSD324/2009 was filed on the 17/04/2009.
Shortly after IMF, Carneys, HWL and others get involved and Hutson reneges on the deal with Carneys regarding the release of certain files.
Also around this period Bentleys is busy with the Octaviar affair, and tax invoices released as evidence show that WIML documents were reviewed to identify potential privileged documents. In this period privilege is given, and “ Arrangements for document review by Wellington Capital. Meeting Jenny Hutson and Carolyn Snow at reception and call from Carolyn.” During this time advice was given on the RBOS loan, which PIF eventually coughed up, including a mystery loan deal of some 20-25% which was never revealed as to whom was the lender. There is a dummy spit during this time and finally it is announced “ Justice Perram of the Federal Court of Australia has, this week, indicated that the Class Action and the RE Claim (announced to NSX on 8 April 2013) will be run and heard together as requested by the Premium Income Fund’s lawyers Johnston Winter Slattery.”
So during this time ( some four years ) could there have been collaboration between certain parties, “you scratch my back and I'll scratch yours”.
Files are requested by the defendant from the applicant in the RE Claim i.e. WCL. As the CAs are being heard in tandem and judged accordingly will these files be accessible to the so-called PIF CA lawyers. I think not, as the RE and the defendant are both defendants in the PIF CA. But then, will JWS have access to these files as they are representing WCL, and surely they will review and advise on the release of these documents?
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