New Aim Pty Ltd v Leung [2023] FCAFC
67
In a long awaited appeal decision, the Full Court of the Federal
Court has found that the primary judge in New Aim Pty Ltd v
Leung [2022] FCA 722 (the Reasons) erred in
rejecting the entirety of the evidence of New Aim Pty Ltd's
expert, Ms C based on factual findings concerning the preparation
of the expert report.
The Full Court ruled that the reasoning adopted by McElwaine J
at first instance for the rejection of the opinion evidence
provided by Ms C contained factual errors and errors of approach
which, if they had not occurred, might well have resulted in the
evidence of Ms C not being rejected.
Background
New Aim, an Australian ecommerce business, alleged that several
of its former employees had shared identity and contact details of
its Chinese suppliers, which New Aim identified as confidential
information.
