Ananda Marga Pracaraka Samgha Ltd v Tomar (No 5) [2012] FCA 390

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 5) [2012] FCA 390

The question of the proceeds of sale of the properties and related financial record-keeping are not raised by the pleadings and were not explicitly or adequately notified so as to become issues in the trial. The plaintiffs did not consent to departure from the pleadings. Cross-examination on those matters must be confined to credit and not as to substantive mismanagement or oppression.

Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Practice and Procedure / Interlocutory Ruling During Trial
Outcome
Objection to cross-examination allowed, except as to credit.
Legal Topics
['pleadings' 'cross Examination' 'oppression Proceedings']
['civil Procedure'] ['pleadings' 'cross Examination' 'oppression Proceedings']

Case Brief

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Procedural Posture

Practice and Procedure / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Whether cross-examination of second plaintiff regarding proceeds of sale of company properties is relevant and within issues properly raised on the pleadings']

Ratio Decidendi

The question of the proceeds of sale of the properties and related financial record-keeping are not raised by the pleadings and were not explicitly or adequately notified so as to become issues in the trial. The plaintiffs did not consent to departure from the pleadings. Cross-examination on those matters must be confined to credit and not as to substantive mismanagement or oppression.

Court Disposition

Objection to cross-examination allowed, except as to credit.

Orders

  • ['Sale of the West Australian properties, handling of proceeds, and provision of records in relation to them are not issues in the proceeding and not properly the subject of cross-examination, save as to testing credit.']