Southernwood v Brambles Limited (Ruling No 1) [2022] FCA 1036

The report of Mr Samuel is admissible as expert evidence because his training and experience as a valuer provide specialised knowledge relevant to assessing the reasonableness of forecasts used in business valuation. The criticisms raised by Brambles concern the weight rather than the admissibility of the evidence.

Jurisdiction: Australia
Judgment Date: 30 August 2022
Procedural Posture: Securities Class Action / Interlocutory Ruling on Admissibility of Expert Evidence During Trial
Outcome: Application to exclude Mr Samuel's expert report is dismissed; the report is admissible.
Legal Topics: ['admissibility of Expert Evidence' 'specialised Knowledge' 'business Valuation' 'securities Class Actions']

['evidence' 'commercial Law' 'corporations Law'] ['admissibility of Expert Evidence' 'specialised Knowledge' 'business Valuation' 'securities Class Actions']

Case Brief

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Procedural Posture

Securities Class Action / Interlocutory Ruling on Admissibility of Expert Evidence During Trial

Legal Issues

1 ['Whether the report of Mr Samuel, a forensic accountant and valuer, is admissible as expert evidence under s 79 of the Evidence Act 1995 (Cth)' "Whether Mr Samuel's opinions are wholly or substantially based on his specialised knowledge as a valuer"]

Ratio Decidendi

Court Disposition

Application to exclude Mr Samuel's expert report is dismissed; the report is admissible.

Orders

["Mr Samuel's report is admitted as expert evidence." 'Brambles may renew its objection after cross-examination if it wishes.']