Morrison v Defence Maritime Services Pty Ltd [2007] NSWLEC 290

Morrison v Defence Maritime Services Pty Ltd [2007] NSWLEC 290

The probative value of the Cosh reports was outweighed by the danger of unfair prejudice to the defendants, particularly due to the inability to cross-examine the expert. Accordingly, the reports were excluded under s 137 of the Evidence Act.

Source-derived case information.

Parties
Prosecutor: Anthony Morrison; Defendant: Defence Maritime Services Pty Ltd; Defendant: Allen Coates; Defendant: Danny Mahon
Jurisdiction
Australia
Judgment Date
21 February 2007
Procedural Posture
Criminal Prosecution / Ruling on Admissibility of Evidence
Outcome
Application to admit the Cosh reports refused under s 137 Evidence Act 1995 (NSW) due to unfair prejudice.
Legal Topics
Admissibility of Business Records, Unfair Prejudice, Expert Evidence
Evidence Law Environmental Law Admissibility of Business Records Unfair Prejudice Expert Evidence

Source-derived case record

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Parties

Anthony Morrison

Prosecutor

Defence Maritime Services Pty Ltd

Defendant

Allen Coates

Defendant

Danny Mahon

Defendant

Procedural Posture

Criminal Prosecution / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the expert reports are admissible as business records under s 69 of the Evidence Act
  2. 2 Whether the expert reports should be excluded under s 137 of the Evidence Act due to unfair prejudice

Ratio Decidendi

The probative value of the Cosh reports was outweighed by the danger of unfair prejudice to the defendants, particularly due to the inability to cross-examine the expert. Accordingly, the reports were excluded under s 137 of the Evidence Act.

Court Disposition

Application to admit the Cosh reports refused under s 137 Evidence Act 1995 (NSW) due to unfair prejudice.

Orders

  • The court refuses to admit the Cosh reports as evidence.