Oztech Pty Ltd v Public Trustee of Queensland (No 13) [2016] FCA 1153

Oztech Pty Ltd v Public Trustee of Queensland (No 13) [2016] FCA 1153

Mr Anthon does not possess the requisite specialised knowledge relevant to a debenture trustee under Ch 2L of the Corporations Act, and his evidence in this respect is inadmissible under s 79 of the Evidence Act 1995 (Cth).

Parties
Applicant: Oztech Pty Ltd; Respondent: The Public Trustee of Queensland
Jurisdiction
Australia
Judgment Date
19 September 2016
Procedural Posture
Voir Dire (evidentiary Ruling) / Ruling on Admissibility of Expert Evidence
Outcome
Tender of Mr Anthon's report and affidavit rejected.
Legal Topics
Expert Evidence, Admissibility of Opinion, Trustees' Duties, Debenture Trusts
Evidence Corporations Law Expert Evidence Admissibility of Opinion Trustees' Duties Debenture Trusts

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Parties

Oztech Pty Ltd

Applicant

The Public Trustee of Queensland

Respondent

Procedural Posture

Voir Dire (evidentiary Ruling) / Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether Mr Anthon has relevant specialised knowledge to give expert opinion evidence under Evidence Act 1995 (Cth) s 79
  2. 2 Admissibility of expert evidence concerning duties of trustee under Ch 2L of the Corporations Act 2001 (Cth)

Ratio Decidendi

Mr Anthon does not possess the requisite specialised knowledge relevant to a debenture trustee under Ch 2L of the Corporations Act, and his evidence in this respect is inadmissible under s 79 of the Evidence Act 1995 (Cth).

Court Disposition

Tender of Mr Anthon's report and affidavit rejected.

Orders

  • The court makes the rulings set out in [46] of the reasons of judgment published as Oztech Pty Ltd v Public Trustee of Queensland (No 13) [2016] FCA 1153, namely, rejecting the tender of Mr Anthon's report and affidavit.