Donald v Rail Corporation of New South Wales (No 4) [2015] NSWSC 1681

Donald v Rail Corporation of New South Wales (No 4) [2015] NSWSC 1681

The report of Dr Adams is admitted into evidence as Exhibit G, with the order that the assumptions narrated in the report will stand only as evidence of the assumptions made and not as evidence of their truth, due to the basis rule and the need to determine at final hearing whether the facts ultimately proved are sufficiently like the assumptions used in the report.

Parties
Plaintiff: Alan Donald; First Defendant: Rail Corporation of New South Wales; Second Defendant: Workers Compensation Nominal Insurer
Jurisdiction
Australia
Judgment Date
05 November 2015
Procedural Posture
Procedural and Other Rulings / Evidentiary Objection During Trial
Outcome
Dr Adams report of 1 July 2010 is admitted as Exhibit G, with assumptions to stand only as evidence of assumptions made, not their truth.
Legal Topics
Admissibility of Expert Report, Basis Rule
Evidence Admissibility of Expert Report Basis Rule

Case Brief

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Parties

Alan Donald

Plaintiff

Rail Corporation of New South Wales

First Defendant

Workers Compensation Nominal Insurer

Second Defendant

Procedural Posture

Procedural and Other Rulings / Evidentiary Objection During Trial

Legal Issues

  1. 1 Whether Dr Adams' expert report should be admitted into evidence given the basis rule

Ratio Decidendi

The report of Dr Adams is admitted into evidence as Exhibit G, with the order that the assumptions narrated in the report will stand only as evidence of the assumptions made and not as evidence of their truth, due to the basis rule and the need to determine at final hearing whether the facts ultimately proved are sufficiently like the assumptions used in the report.

Court Disposition

Dr Adams report of 1 July 2010 is admitted as Exhibit G, with assumptions to stand only as evidence of assumptions made, not their truth.

Orders

  • Dr Adams report of 1 July 2010 is admitted as Exhibit G.
  • The assumptions narrated by Dr Adams in his report will stand only as evidence of the assumptions he made and not as evidence of the truth of them.