Boyd and Another v Maxx Implementation Pty Limited and Others [2008] NSWIRComm 62

Boyd and Another v Maxx Implementation Pty Limited and Others [2008] NSWIRComm 62

The report was admissible because Mr Gower's expertise was not challenged, the report identified that it proceeded on instructions, discussions and assumptions, and it included schedules and notes showing the basis of the calculations. Whether the assumptions would be proved, whether the reasoning was persuasive, and what weight the opinions should receive were matters for later determination, not a proper basis for refusing to receive the report.

Jurisdiction
Australia
Judgment Date
02 April 2008
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Respondents' Objection to the Tender of an Expert Report
Outcome
The respondents' objections to the admissibility of Mr Gower's expert report were not upheld and the report was received.
Legal Topics
['unfair Contract' 'expert Opinion Evidence' 'admissibility of Expert Report' 'assumed Facts' 'economic Loss Quantification']
['industrial Law' 'evidence'] ['unfair Contract' 'expert Opinion Evidence' 'admissibility of Expert Report' 'assumed Facts' 'economic Loss Quantification']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Respondents' Objection to the Tender of an Expert Report

Legal Issues

  1. 1 ["Whether Mr Gower's expert report was admissible notwithstanding that it was based on instructions, discussions and assumptions rather than additional documents he considered necessary." "Whether the report sufficiently revealed Mr Gower's reasoning process for the opinions expressed."]

Ratio Decidendi

The report was admissible because Mr Gower's expertise was not challenged, the report identified that it proceeded on instructions, discussions and assumptions, and it included schedules and notes showing the basis of the calculations. Whether the assumptions would be proved, whether the reasoning was persuasive, and what weight the opinions should receive were matters for later determination, not a proper basis for refusing to receive the report.

Court Disposition

The respondents' objections to the admissibility of Mr Gower's expert report were not upheld and the report was received.

Orders

  • []