dummy spit?

Excerpts from a notice sent to PIF Action Group by Carneys in May 2011 regarding the Class Action.

I was the solicitor on the record in this matter from March 2009 until December 2010 when HWL Ebsworth were appointed solicitors for the Applicants.
I have been requested to provide this letter dealing with some of the difficulties of obtaining scheme documents from Wellington Capital Limited during the period that I was the Applicants’ solicitor.

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Ms Hutson offered to assist in the inspection process of the hard copy files by taking the Applicants’ legal advisers straight to the most relevant documents and also to provide a copy of an internal audit report prepared by Mr Nigel Fitzgerald who had conducted a review of the scheme’s operations.

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On 16 July 2009 Wellington Capital Limited provided 5 lever arch folders of documents. We were provided with no further documents notwithstanding that on 23 July 2009 Counsel for the Applicants had been informed that the Applicants’ legal team would be granted access to archives comprising about 6,000 boxes of documents. This never occurred despite further correspondence between the Applicants legal advisers and Wellington Capital Limited throughout July and August 2009.
On 28 August 2009 Ms Hutson advised that Wellington Capital Limited was not prepared to commit any further resources towards providing scheme documents to the Applicants’ lawyers.
On 2 December 2009 Wellington Investments Management Limited and Wellington Capital Limited filed an Amended Notice of Motion in the proceedings seeking the Court’s approval for the discontinuance of the Applicants’ proceedings against them. This Application was heard by the Federal Court on 22 February 2010 following which it was dismissed with costs.