Oztech Pty Ltd v Public Trustee of Queensland (No 9)

Oztech Pty Ltd, a noteholder, brought proceedings against the Public Trustee of Queensland, the trustee for the noteholders under a trust deed and certain terms of issue. The applicant alleged that the trustee acted too late and too slowly in demanding repayment of the notes and in protecting the interests of noteholders, including by failing to wind up Octaviar Investment Notes Limited and Octaviar Limited by 29 February 2008. The trustee objected to the admissibility of expert evidence proposed to be given by the applicant’s experts, Mr Joseph and Mr Borrelli. The court was required to determine whether the evidence provided by the applicant’s experts was relevant and admissible under the Evidence Act. The court found that the evidence was relevant and admissible, despite the objections raised by the trustee. The court held that the evidence was relevant because it could rationally affect the assessment of the probability of the existence of a fact in issue. The court also found that the evidence was admissible because it complied with the requirements of the Evidence Act and had a proper factual foundation. The court rejected the trustee’s arguments that the evidence was inadmissible on the basis of disconformity or inadequate proof. The orders made by the court were that the evidence provided by the applicant’s experts was admissible and could be used in the proceedings.