Seven Network Limited v News Limited (No 15)[2006] FCA 515

Seven Network Limited v News Limited (No 15)[2006] FCA 515

The court found that Mr Kinsella had not demonstrated the necessary specialised knowledge of the Australian pay television industry or the significance of sports broadcasting rights to Australian pay television retailers, as required by s 79 of the Evidence Act. Accordingly, the relevant portions of his report were held inadmissible.

Jurisdiction
Australia
Judgment Date
08 May 2006
Procedural Posture
Ruling on Evidence / Interlocutory
Outcome
Objection to expert report upheld in part; portions of report rejected.
Legal Topics
['expert Evidence' 'admissibility of Expert Reports' 'specialised Knowledge' 'pay Television' 'sports Broadcasting Rights']
['evidence Law'] ['expert Evidence' 'admissibility of Expert Reports' 'specialised Knowledge' 'pay Television' 'sports Broadcasting Rights']

Case Brief

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Procedural Posture

Ruling on Evidence / Interlocutory

Legal Issues

  1. 1 ['Whether the expert, Mr Kinsella, possessed the necessary specialised knowledge to provide an admissible opinion on the importance of Australian sports broadcasting rights to Australian pay television operators under s 79 of the Evidence Act 1995 (Cth).']

Ratio Decidendi

The court found that Mr Kinsella had not demonstrated the necessary specialised knowledge of the Australian pay television industry or the significance of sports broadcasting rights to Australian pay television retailers, as required by s 79 of the Evidence Act. Accordingly, the relevant portions of his report were held inadmissible.

Court Disposition

Objection to expert report upheld in part; portions of report rejected.

Orders

  • ["The tender of pars 5.129-5.178 and section 6 of Mr Kinsella's report dated 2 December 2004 be rejected." "The parties are to consider the application of this ruling to other parts of Mr Kinsella's report and related documents and confer with a view to agreed minutes of order."]