Stockland (Constructors) Pty Limited & Anor v Darryl I Coombs & Ors [2004] NSWSC 323

Stockland (Constructors) Pty Limited & Anor v Darryl I Coombs & Ors [2004] NSWSC 323

Mr Farrant is shown by his training, study, and experience to possess specialised knowledge sufficient to express opinions only in the area of whether particular architectural or engineering documents were deficient due to lack of clarity or incompleteness. However, he lacks the requisite expertise to give admissible opinion evidence on a range of broader architectural, engineering, or programming matters. Evidence outside his specialised knowledge fails the requirements of s 79 Evidence Act, and in the alternative, is excluded under s 135 for lack of sufficient probative value and risk of unfair prejudice or misleading the court.

Jurisdiction
Australia
Judgment Date
20 April 2004
Procedural Posture
Equity Proceedings (technology & Construction) / Interlocutory Ruling on Evidence
Outcome
Evidence partially excluded; reasons provided for rejecting most proposed expert evidence of Mr Farrant under s 79 Evidence Act 1995.
Legal Topics
['admissibility of Expert Evidence' "expert's Specialised Knowledge" 'section 79 Evidence Act 1995' 'qualifications for Expert Opinion' 'exclusionary Discretion Section 135']
['evidence' 'civil Procedure' 'construction Law'] ['admissibility of Expert Evidence' "expert's Specialised Knowledge" 'section 79 Evidence Act 1995' 'qualifications for Expert Opinion' 'exclusionary Discretion Section 135']

Case Brief

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Procedural Posture

Equity Proceedings (technology & Construction) / Interlocutory Ruling on Evidence

Legal Issues

  1. 1 ['What are the principles under s 79 of the Evidence Act 1995 for admissibility of expert evidence?' "Does Mr Farrant possess the requisite 'specialised knowledge' to give opinion evidence in the areas proposed?" 'Should the court exercise its discretion under s 135 to exclude parts of his evidence?']

Ratio Decidendi

Mr Farrant is shown by his training, study, and experience to possess specialised knowledge sufficient to express opinions only in the area of whether particular architectural or engineering documents were deficient due to lack of clarity or incompleteness. However, he lacks the requisite expertise to give admissible opinion evidence on a range of broader architectural, engineering, or programming matters. Evidence outside his specialised knowledge fails the requirements of s 79 Evidence Act, and in the alternative, is excluded under s 135 for lack of sufficient probative value and risk of unfair prejudice or misleading the court.

Court Disposition

Evidence partially excluded; reasons provided for rejecting most proposed expert evidence of Mr Farrant under s 79 Evidence Act 1995.

Orders

  • ['Sections of proposed evidence by Mr WF Farrant as expert under s 79 are rejected, except with respect to opinions about deficiencies due to lack of clarity or incompleteness in certain documents (admitted, subject to weight).']