Oztech Pty Ltd v Public Trustee of Queensland [2019] FCAFC 102 (21 June 2019) (Middleton, Perram and Anastassiou JJ)


Catchwords:


CORPORATIONS – whether respondent trustee in breach of duties owed to noteholders due to failure to appoint investigative accountant

EVIDENCE – correctness of ruling excluding line of questioning in cross-examination on ‘alternative causal thesis’ for lack of relevance – whether alternative causal thesis pleaded – whether case confined by particulars to expert evidence – whether even if exclusion incorrect, ‘alternative causal thesis’ would have been independently causal vis-à-vis the primary causal thesis – appeal dismissed

PRACTICE AND PROCEDURE – parties’ obligation to plead all causes of action or defences explicitly