Mantra Group Pty Ltd v Tailly Pty Ltd [2010] FCA 66

Mantra Group Pty Ltd v Tailly Pty Ltd [2010] FCA 66

The opinion expressed in paragraph 6 of Mr Porter's affidavit fails the admissibility tests for expert opinion evidence because it does not clearly expose the reasoning process, its basis in specialised knowledge is unclear, and Mr Porter's experience is insufficient to qualify him to opine on the alleged 'common knowledge'.

Jurisdiction
Australia
Judgment Date
10 February 2010
Procedural Posture
Civil / Interlocutory Objection to Evidence
Outcome
Objection upheld; evidence not admitted
Legal Topics
['admissibility of Opinion Evidence' 'expert Evidence' 'evidence Act 1995 (cth)']
['evidence Law'] ['admissibility of Opinion Evidence' 'expert Evidence' 'evidence Act 1995 (cth)']

Case Brief

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Procedural Posture

Civil / Interlocutory Objection to Evidence

Legal Issues

  1. 1 ["Whether paragraph 6 of Mr Porter's affidavit is admissible as opinion evidence under s 79 of the Evidence Act 1995 (Cth)"]

Ratio Decidendi

The opinion expressed in paragraph 6 of Mr Porter's affidavit fails the admissibility tests for expert opinion evidence because it does not clearly expose the reasoning process, its basis in specialised knowledge is unclear, and Mr Porter's experience is insufficient to qualify him to opine on the alleged 'common knowledge'.

Court Disposition

Objection upheld; evidence not admitted

Orders

  • ['Paragraph 6 of the affidavit of Dennis Leslie Porter affirmed 23 November 2009 not be admitted.']