In the matter of Bevic Holdings Pty Limited

Bevic Holdings Pty Limited applied to the Federal Circuit Court to set aside a statutory demand. The applicant sought to adduce expert evidence to challenge the validity of the demand. The respondent opposed the application and the adducing of expert evidence. The court had to decide whether to allow the expert evidence to be adduced as part of the application to set aside the demand. The central legal issue was whether the expert evidence was admissible, considering it pertained to the ultimate question for the court’s determination. The court considered the principles governing the admissibility of expert evidence, particularly focusing on whether the evidence would assist the court in making a decision. The court held that the expert evidence was not admissible because it pertained directly to the ultimate issue for the court to decide, which was the validity of the statutory demand. As such, the court did not grant leave to adduce the expert evidence. The application to set aside the statutory demand was dismissed due to the inadmissibility of the expert evidence. The court's reasoning was based on the premise that expert evidence should not be used to opine on the ultimate issue the court must decide.