(Re Limpus) Seltsam Pty Ltd v Amaca Pty Ltd [2006] NSWDDT 2

(Re Limpus) Seltsam Pty Ltd v Amaca Pty Ltd [2006] NSWDDT 2

The reports were admitted because it was more probable than not that Mr Pickford tested the manhole cover from 31 Golflinks Drive, Bowen and a piece of material from the front of the house; his polarised light microscopy analysis and conclusions were sufficiently explained; his qualifications established expertise to conduct the analysis; and the further letter amounted to comment on the samples and test results.

Jurisdiction
Australia
Judgment Date
21 February 2006
Procedural Posture
Cross Claim in Dust Diseases Tribunal Proceedings / Ruling on Admissibility of Expert Reports
Outcome
Reports admitted.
Legal Topics
['admissibility of Expert Evidence' 'expert Report' 'asbestos Cement Sample Analysis' 'provenance of Samples']
['evidence' 'dust Diseases Litigation'] ['admissibility of Expert Evidence' 'expert Report' 'asbestos Cement Sample Analysis' 'provenance of Samples']

Case Brief

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Procedural Posture

Cross Claim in Dust Diseases Tribunal Proceedings / Ruling on Admissibility of Expert Reports

Legal Issues

  1. 1 ['Whether reports and a letter by Mr Pickford concerning testing of asbestos cement samples should be admitted into evidence.' 'Whether the provenance of the samples tested by Mr Pickford was sufficiently established.' 'Whether the report sufficiently addressed the principles in Makita (Australia) Pty Limited v Sproules (2001) 52 NSW LR 705.']

Ratio Decidendi

The reports were admitted because it was more probable than not that Mr Pickford tested the manhole cover from 31 Golflinks Drive, Bowen and a piece of material from the front of the house; his polarised light microscopy analysis and conclusions were sufficiently explained; his qualifications established expertise to conduct the analysis; and the further letter amounted to comment on the samples and test results.

Court Disposition

Reports admitted.

Orders

  • ['The reports prepared by Mr Pickford, including the letter of 15 October 2002, are admitted.']