This coming Thursday 3 May, the High Court of Australia will be delivering its judgment in the James Hardie appeal. I posted about the hearing of the High Court appeal last year – you can read that post here.

It will be an interesting judgment indeed. During the High Court hearing in October last year, much of the debate centred around whether the minutes of the now infamous board meeting of 15 February 2001 were accurate. The question of what evidentiary value ought be accorded minutes kept as official records of meetings is of course an important one, of wider significance than just as to what happens in board meetings. The question can arise in many other contexts. One example is that of bankruptcy creditors meetings where a new trustee in bankruptcy is appointed by resolution of creditors, and a dispute later arises as to the nature of that appointment.

I will endeavour to provide an update following delivery of the High Court’s judgment on Thursday, or as soon after as I can.