Quebani Pty Ltd v McDonald's Australia Limited (Appeal)

In Quebani Pty Ltd v McDonald's Australia Limited, the court was called upon to decide several matters of procedure and privilege that arose during an interlocutory application. The case involved a dispute between Quebani Pty Ltd, the appellant, and McDonald's Australia Limited, the respondent. The appeal centered around the refusal of cross-examination, the admission of indirect evidence, and the establishment of legal professional privilege.

The appellant argued that the primary judge should have allowed cross-examination of a witness, which they believed was necessary to ensure natural justice. The court held that there was no error in the primary judge’s refusal, applying precedents from Oswal v Carson and Re IPO Wealth Holdings No 2 Pty Ltd. The court further determined that the admission of indirect evidence in the form of affidavits did not prejudice the appellant or result in a denial of natural justice. Regarding legal professional privilege, the court found that the primary judge correctly assessed the dominant purpose of the documents and adequately determined the privilege claims without error.

The court dismissed the appeal on all grounds, upholding the decisions made by the primary judge. The primary judge's approach to cross-examination, the admission of indirect evidence, and the assessment of legal professional privilege were found to be in line with established legal principles and precedents.