Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009 656 740) (No 13) and 13 related matters [2013] NSWSC 90

Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009 656 740) (No 13) and 13 related matters [2013] NSWSC 90

Parts of Professor Burton's report are admissible only to the extent they are based on clearly stated assumptions and relevant reasoning connecting her specialised knowledge to the conclusions. Sections of her report lacking adequate expert reasoning, based on vague or unestablished assumptions, or not necessary or helpful to the court, are not admissible, in particular under ss 79 and 135 of Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
19 February 2013
Procedural Posture
Interlocutory Application / Application Concerning Admissibility of Expert Report
Outcome
Partly allowed/partly refused (portions admitted/rejected)
Legal Topics
['admissibility of Expert Report' 'expert Evidence' 'relevance' 'reasonable Grounds for Representations']
['evidence'] ['admissibility of Expert Report' 'expert Evidence' 'relevance' 'reasonable Grounds for Representations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application Concerning Admissibility of Expert Report

Legal Issues

  1. 1 ["Whether Professor Burton's expert report is admissible under the Evidence Act 1995 (NSW)" 'Whether the expert opinions are based wholly or substantially on specialised knowledge' 'Whether the expert has provided adequate explanations for expressed opinions' 'Whether the probative value of the report is outweighed by prejudicial risk, confusion, or waste of time under s 135']

Ratio Decidendi

Parts of Professor Burton's report are admissible only to the extent they are based on clearly stated assumptions and relevant reasoning connecting her specialised knowledge to the conclusions. Sections of her report lacking adequate expert reasoning, based on vague or unestablished assumptions, or not necessary or helpful to the court, are not admissible, in particular under ss 79 and 135 of Evidence Act 1995 (NSW).

Court Disposition

Partly allowed/partly refused (portions admitted/rejected)

Orders

  • ["Paragraphs 9 to 25, parts of paragraph 40, material in paragraph 64 from 'This approach can be illustrated' to 'in any one year', footnote 81, specified material in paragraph 66, specified sentences in paragraph 72, paragraphs 84, 89, 91, paragraphs 92 to 122, paragraphs 124 to 129, paragraphs 133 to 166,...