RinRim Pty Ltd v Deutsche Bank AG

• 1. Appeal
  2. › New argument raised on appeal
  3. › Whether appellant should be permitted to depart on appeal from approach taken at trial
  4. › Prejudice to respondents
  5. › Forensic choices at trial binding on appeal
• 1. Tort Law
  2. › Negligence
  3. › Causation
  4. › Factual causation under Civil Liability Act
  5. › Whether underwriter's negligence caused shareholder loss
  6. › Whether shareholder would have sought acceleration into Institutional Offer
  7. › Rejection of key witness's evidence on credibility grounds
  8. › Civil Liability Act 2002 (NSW), ss 5D, 5E
• 1. Tort Law
  2. › Negligence
  3. › Duty of care
  4. › Pure economic loss
  5. › Novel duty of care
  6. › Whether company and underwriters involved in Accelerated Renounceable Entitlement Offer owed duty of care to large shareholder
  7. › Salient features approach
  8. › Vulnerability as determinative consideration
  9. › Whether sophisticated investor was vulnerable
  10. › Assumption of responsibility
  11. › Indeterminacy of liability
  12. › Corporations Act 2001 (Cth), Ch 6D
• 1. Appeal
  2. › Appellate review of findings of fact
  3. › Findings based on credibility of witnesses
  4. › Whether findings glaringly improbable or contrary to compelling inferences
  5. › Fox v Percy (2003) 214 CLR 118

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