Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2013] NSWSC 1646

Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2013] NSWSC 1646

Professor Byard's specialised experience in infant suffocation and cause of death, his deductive method, and the logical reasoning shown in his report and testimony satisfy s 79 requirements. Objections regarding his qualification, bias, and reasoning go to weight not admissibility. His report is admissible.

Jurisdiction
Australia
Judgment Date
24 October 2013
Procedural Posture
Interlocutory Application / Application to Admit Expert Report
Outcome
Report admitted
Legal Topics
['admissibility of Expert Report' 'expert Evidence' 'bias' 'opinion Based on Experience']
['evidence'] ['admissibility of Expert Report' 'expert Evidence' 'bias' 'opinion Based on Experience']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Admit Expert Report

Legal Issues

  1. 1 ['Whether expert opinion evidence is admissible under Evidence Act 1995, s 79' 'Whether expert was appropriately qualified' 'Whether report contained sufficient reasons for the opinion' 'Whether the expert demonstrated bias' "Whether expert's opinion went beyond his expertise" 'Whether assumptions were made without sufficient basis']

Ratio Decidendi

Professor Byard's specialised experience in infant suffocation and cause of death, his deductive method, and the logical reasoning shown in his report and testimony satisfy s 79 requirements. Objections regarding his qualification, bias, and reasoning go to weight not admissibility. His report is admissible.

Court Disposition

Report admitted

Orders

  • ['Allow the report of Professor Byard dated 5 January 2013']