Question
You have been provided with a copy of a report from a solicitor (Mary Jones) who has briefed you to appear in an urgent matter
You have been provided with a copy of a report from a solicitor (Mary Jones) who has briefed you to appear in an urgent matter in the Supreme Court. Your client is instructing you to seek a Mareva Injunction againstXTC Pty Ltd. XTC is being sued by your instructing solicitor on behalf of Tom Banks, a consultant engineer who is owed $200,000 in unpaid professional fees for work undertaken by him for XTC over the last 12 months. The report has been prepared by a forensic accountant, Sonja Yelder. You are familiar with her and have seen reports from her in the past. The report appears to be in good order, and includes a statement that Ms Yelder agrees to be bound by the Expert Witness Code of Conduct. On reading the report, you note that Yelder concludes that XTC is solvent, but notes there is risk of assetstransfer as large amounts of cash ($1.7 Million) are in cash accounts. Your instructing solicitor has asked you to prepare an urgent ex parte application to freeze the accounts, as she believes, on the basis of this report, that XTC will shift its assets to avoid the debt. On further reading the report, you note that the information that Ms Yelder has based her reports include (i) bank statements from BigBank; (ii) statements made to her in an interview with Tom Banks while preparing the report; (iii) notes on the reputation of XTC gleaned from discussion Ms Yelder had with her professional associates. You note the report was prepared on the instructions of Mary Jones and contains no information direct from XTC. You have been asked to give your advice on evidence. What advice would you give Mary on the admissibility of the report? As these are ex parte proceedings, are there any other matters worth mentioning?
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