N.V. Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2011] FCA 255

N.V. Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2011] FCA 255

Having regard to Mr Mack's 28 years of experience in the tobacco industry, he is a witness capable of expressing an opinion based on his experience sufficient for admission under s 79 of the Evidence Act. However, the extent to which weight will be given to such opinions depends on the revealed process of reasoning underlying those opinions.

Jurisdiction
Australia
Judgment Date
14 March 2011
Procedural Posture
Appeal From Decision of Delegate of Registrar of Trademarks / Ruling on Admissibility of Evidence in Course of Trial
Outcome
Affidavits of Gary Irwin Mack admitted into evidence, subject to further rulings on specific objections in the course of determining final judgment.
Legal Topics
['admissibility of Expert Opinion Evidence' 'trade Mark Registration' 'foundation for Opinion Evidence Under Evidence Act']
['practice and Procedure' 'evidence' 'intellectual Property'] ['admissibility of Expert Opinion Evidence' 'trade Mark Registration' 'foundation for Opinion Evidence Under Evidence Act']

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Procedural Posture

Appeal From Decision of Delegate of Registrar of Trademarks / Ruling on Admissibility of Evidence in Course of Trial

Legal Issues

  1. 1 ['Whether affidavits of Mr Gary Irwin Mack should be admitted as opinion evidence under s 79 of the Evidence Act 1995 (Cth)' 'Whether sufficient foundation of specialised knowledge and experience is established for the expression of opinion']

Ratio Decidendi

Having regard to Mr Mack's 28 years of experience in the tobacco industry, he is a witness capable of expressing an opinion based on his experience sufficient for admission under s 79 of the Evidence Act. However, the extent to which weight will be given to such opinions depends on the revealed process of reasoning underlying those opinions.

Court Disposition

Affidavits of Gary Irwin Mack admitted into evidence, subject to further rulings on specific objections in the course of determining final judgment.

Orders

  • ["The affidavits of Gary Irwin Mack sworn 28 April 2009 and 24 March 2010 are admitted into evidence in the trial of the proceeding subject to further rulings upon any objections taken to any parts of the affidavits by the applicant/cross-respondent in relation to Mr Mack's expression of opinion on matters in...