Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 2) [2018] NSWSC 1374

Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 2) [2018] NSWSC 1374

Paragraphs 8 to 14 of Mr Benson's affidavit do not adequately disclose the factual basis and reasoning process supporting the opinions so as to satisfy the requirements for admissibility as expert evidence under s 79 of the Evidence Act, therefore those paragraphs are rejected.

Jurisdiction
Australia
Judgment Date
30 August 2018
Procedural Posture
Cross Claim / Interlocutory Ruling on Admissibility of Affidavit Evidence
Outcome
Objection upheld; paragraphs 8 to 14 of Mr Benson's affidavit rejected.
Legal Topics
['expert Evidence' 'admissibility' 'relevance' 'specialised Knowledge']
['evidence'] ['expert Evidence' 'admissibility' 'relevance' 'specialised Knowledge']

Case Brief

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Procedural Posture

Cross Claim / Interlocutory Ruling on Admissibility of Affidavit Evidence

Legal Issues

  1. 1 ["Whether paragraphs 8 to 14 of Mr Benson's affidavit are admissible as expert evidence" "Whether the opinions expressed are wholly or substantially based upon the expert's specialised knowledge" 'Whether the factual basis and reasoning process for the opinions are adequately disclosed']

Ratio Decidendi

Paragraphs 8 to 14 of Mr Benson's affidavit do not adequately disclose the factual basis and reasoning process supporting the opinions so as to satisfy the requirements for admissibility as expert evidence under s 79 of the Evidence Act, therefore those paragraphs are rejected.

Court Disposition

Objection upheld; paragraphs 8 to 14 of Mr Benson's affidavit rejected.

Orders

  • ['Reject the whole of paragraphs 8 to 14 of the affidavit sworn on 30 August 2018.']