Kincaid v Capital Markets Equities Ltd - [1994] 3 NZLR 738

Evidence — Admissibility — Whether a report of the Securities Commission is admissible for the purposes of an application for leave to commence proceedings for insider trading — Whether affidavits contradicting Commission's conclusion admissible in opposition to application for leave — Securities Act 1978, ss 10 and 28A - Securities Amendment Act 1988, ss 7, 9, 17 and 18.

Practice and procedure — Proceedings — Application for leave to commence proceedings for insider trading — Applicant seeking to produce report of Securities Commission — Whether report admissible on application for leave — Defendant seeking to produce affidavits in opposition to conclusions in report — Whether such affidavits admissible — Application for leave to commence proceedings — Whether deponents should be available for cross-examination — Whether applicant entitled to file affidavit(s) in reply — Securities Amendment Act 1988, ss 7, 9, 17 and 18.