Gilbey v Murray (No 3) [2011] NSWDC 263

The police officer, despite relevant experience, does not possess sufficient specialised knowledge through training, study, or experience to be qualified to give opinion evidence regarding the point of impact in the accident; such evidence requires expertise possessed by specialist accident investigators.

Parties: Plaintiff: David Gilbey; Defendant: Lyndall Murray
Jurisdiction: Australia
Judgment Date: 01 September 2011
Procedural Posture: Civil / Evidentiary Ruling During Trial
Outcome: Witness not qualified to give opinion evidence.
Legal Topics: Opinion Evidence, Expert Qualification, Admissibility of Evidence

Evidence Law Opinion Evidence Expert Qualification Admissibility of Evidence

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Parties

David Gilbey

Plaintiff

Lyndall Murray

Defendant

Procedural Posture

Civil / Evidentiary Ruling During Trial

Legal Issues

1 Whether the police officer is qualified to give opinion evidence about the nature of the impact between a motor bike and a car under s 79 of the Evidence Act 1995 (NSW)

Ratio Decidendi

Court Disposition

Witness not qualified to give opinion evidence.