Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2005] FCA 628

Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2005] FCA 628

Mrs Barr had personal knowledge and perception of the promotions and the conduct of the store. Her opinion about how the store would operate if it could take advantage of promotions and discounts was based on those perceptions and was admissible under s 78, notwithstanding that it was partly hypothetical.

Jurisdiction
Australia
Judgment Date
11 May 2005
Procedural Posture
Ruling / Objection to Evidence
Outcome
The objection to the first sentence of paragraph 52 of Mrs Barr's statement dated 26 November 2003 was not upheld; the first sentence was allowed.
Legal Topics
['lay Opinion Evidence' 'admissibility of Opinion Evidence' 'section 78']
['evidence'] ['lay Opinion Evidence' 'admissibility of Opinion Evidence' 'section 78']

Case Brief

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Procedural Posture

Ruling / Objection to Evidence

Legal Issues

  1. 1 ["Whether the first sentence of paragraph 52 of Mrs Barr's statement dated 26 November 2003 was admissible as lay opinion evidence under s 78." "Whether s 78 can apply to an opinion that is partly hypothetical but based on the witness's perceptions of the matter or event."]

Ratio Decidendi

Mrs Barr had personal knowledge and perception of the promotions and the conduct of the store. Her opinion about how the store would operate if it could take advantage of promotions and discounts was based on those perceptions and was admissible under s 78, notwithstanding that it was partly hypothetical.

Court Disposition

The objection to the first sentence of paragraph 52 of Mrs Barr's statement dated 26 November 2003 was not upheld; the first sentence was allowed.

Orders

  • ['The first sentence of paragraph 52 of the statement of Mrs Barr dated 26 November 2003 be allowed.']