In the matter of Alora Davies Developments 104 Pty Ltd (in liq)

The parties involved in this case were Alora Davies Developments 104 Pty Ltd, which was in liquidation, and several other entities. The dispute centred around whether the expert evidence provided by the liquidator, who was also the plaintiff in the case, was subject to the Expert Witness Code. The matter was heard in the Supreme Court of Queensland.

The legal issues before the court were whether the Expert Witness Code applied to the expert evidence provided by the liquidator, and if so, whether the liquidator had breached the code in his evidence. The liquidator argued that the code did not apply to his evidence, as he was both the liquidator and the plaintiff. The other parties, however, argued that the code did apply, and that the liquidator had breached it by not disclosing certain information to the other parties.

The court found that the Expert Witness Code did apply to the liquidator's evidence, as he was acting in a dual capacity as both the liquidator and the plaintiff. The court further found that the liquidator had breached the code by not disclosing certain information to the other parties. The court held that the liquidator's evidence was therefore inadmissible, and ordered that the trial be reheard without the evidence in question.

The final orders of the court were that the liquidator's evidence be excluded from the trial, and that the trial be reheard without that evidence. The court also ordered that the liquidator pay the costs of the other parties associated with the application to exclude the evidence.