Hoffmann v Challis [2016] NSWSC 268

Hoffmann v Challis [2016] NSWSC 268

The affidavit of the foreign law expert is admissible despite the absence of an explicit acknowledgment of the expert code of conduct, as it is clear from the affidavit's content and the expert's qualifications that the evidence is impartial, based on specialised knowledge, and meets the objectives of the Rules; requirements of Makita are satisfied.

Parties
Applicant: Darren George Challis; Respondent: David Hoffman
Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Application for Security for Costs in Defamation Action / Interlocutory Ruling on Admissibility of Expert Affidavit
Outcome
Affidavit admitted
Legal Topics
Admissibility of Expert Evidence, Expert Code of Conduct, Security for Costs, Foreign Law Evidence
Procedure Evidence Admissibility of Expert Evidence Expert Code of Conduct Security for Costs Foreign Law Evidence

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Parties

Darren George Challis

Applicant

David Hoffman

Respondent

Procedural Posture

Application for Security for Costs in Defamation Action / Interlocutory Ruling on Admissibility of Expert Affidavit

Legal Issues

  1. 1 Whether affidavit of foreign law expert should be admitted despite absence of express code of conduct acknowledgment
  2. 2 Whether the expert evidence complies with requirements in Makita v Sprowles

Ratio Decidendi

The affidavit of the foreign law expert is admissible despite the absence of an explicit acknowledgment of the expert code of conduct, as it is clear from the affidavit's content and the expert's qualifications that the evidence is impartial, based on specialised knowledge, and meets the objectives of the Rules; requirements of Makita are satisfied.

Court Disposition

Affidavit admitted

Orders

  • I admit the affidavit of Mr John W Rotunno sworn on 24 February 2016.