Oztech Pty Ltd v Public Trustee of Queensland (No 11) [2016] FCA 1091

FEDERAL COURT OF AUSTRALIA

Oztech Pty Ltd v Public Trustee of Queensland (No 11) [2016] FCA 1091 File number: NSD 937 of 2014

Judge: YATES J

Date of judgment: 6 September 2016

Catchwords: EVIDENCE – rulings – expert evidence – non-compliance with r 23.13 – whether to dispense with compliance of the Rules

Legislation: Evidence Act 1995 (Cth) ss 79, 135 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 rr 1.34, 23.11, 23.13 Practice Note CM 7

Date of hearing: 5 September 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 23

Counsel for the Applicant: Mr RPL Lancaster SC with Mr CH Withers, Mr AM Hochroth and Mr RJ May

Solicitor for the Applicant: Squire Patton Boggs

Counsel for the Respondent: Mr W Sofronoff QC with Mr DB O'Sullivan QC, Mr MJ O'Meara, Mr JP O'Regan, Ms E Hoiberg and Ms F Lubett

Solicitor for the Respondent: Clayton Utz

ORDERS NSD 937 of 2014

BETWEEN: OZTECH PTY LTD ACN 005 907 871 Applicant

AND: THE PUBLIC TRUSTEE OF QUEENSLAND Respondent

JUDGE: YATES J DATE OF ORDER: 6 SEPTEMBER 2016

THE COURT:

1. Rejects paragraph [99] of the affidavit of Ian Richard Hall made 21 June 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

YATES J: 1 The applicant objects to the third sentence of paragraph [91]; paragraph [94]; the words "and do not" in the last sentence of paragraph [96]; the last sentence of paragraph [98]; paragraph [99]; and paragraphs [104] to [107] of the affidavit of Ian Richard Hall made 21 June 2016 (the affidavit).