Pan Pharmaceuticals Limited (In Liquidation) v Selim
[2008] FCA 416
- The Federal Court excluded expert evidence tendered against Pan
as it had very little, if any, weight, would be unfairly
prejudicial and substantial judicial and court time, involving
substantial cost, would be occupied by the examination of its
contents.
- Relevant principles of expert evidence discussed.
Australian readers will well remember the collapse of Pan after
28 April 2003 when its manufacturing licence was withdrawn
following alleged breaches of good manufacturing practice
(GMP).
These proceedings concerned claims by Pan and its liquidators
against Mr Selim, who was the chief executive officer of Pan. The
liquidators claimed damages against Mr Selim on the basis that he
breached the duties that he owed to Pan as its chief executive
officer. More specifically, the liquidators said that Mr Selim
failed to ensure that Pan adopted and applied good manufacturing
principles (GMP).
