Leviston v PQ Management Pty Ltd (No 2) [2023] FCA 295

Federal Court of Australia

Leviston v PQ Management Pty Ltd (No 2) [2023] FCA 295 File number: QUD 166 of 2020

Judgment of: DERRINGTON J

Date of judgment: 24 March 2023

Catchwords: PRACTICE – leave sought pursuant to r 23.03(2)(a) to cross-examine Court expert – expert valued shares in a company which was the subject of oppression proceedings – proposed cross-examination to address valuation methodology – no point of principle

Legislation: Federal Court Rules 2011 (Cth)

Cases cited: Leviston v PQ Management Pty Ltd [2022] FCA 787

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 9

Date of hearing: 24 March 2023

Counsel for the Plaintiff: Mr M White

Solicitor for the Plaintiff: Queensland Legal

Counsel for the Defendants: Mr M Lyons

Solicitor for the Defendants: McCullough Robertson

ORDERS QUD 166 of 2020

BETWEEN: ANDREW TROY LEVISTON Plaintiff

AND: PQ MANAGEMENT PTY LTD First Defendant

DONALD NEAL ISON Second Defendant

GREGORY SHANE ELDRIDGE (and another named in the Schedule) Third Defendant

order made by: DERRINGTON J DATE OF ORDER: 24 MARCH 2023

THE COURT ORDERS THAT:

1. Pursuant to r 23.03(2)(a) of the Federal Court Rules 2011 (Cth), the parties be granted leave to cross-examine Mr Matthew Ashby in his capacity as Court expert. 2. The matter be listed for a further hearing at 9:30 am AEST on 5 April 2023. 3. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.