Sural SpA & Anor v Downer EDI Rail Pty Limited [2007] NSWSC 1164

Sural SpA & Anor v Downer EDI Rail Pty Limited [2007] NSWSC 1164

The expert report of Mr Masters is admissible as his specialised knowledge is established and his opinions relate to areas within that expertise; admissibility does not require all assumed facts to be proved at the time of giving evidence. Any evidence given on assumptions should be subject to a limiting order; challenges related to the reasoning or absence of transparency go to weight rather than admissibility.

Jurisdiction
Australia
Judgment Date
16 October 2007
Procedural Posture
Ruling on Admissibility of Expert Evidence / Interlocutory, Admissibility Challenge
Outcome
Ruling partly in favour of admitting the expert report, with some issues reserved
Legal Topics
['expert Evidence' 'admissibility of Expert Reports']
['evidence'] ['expert Evidence' 'admissibility of Expert Reports']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Ruling on Admissibility of Expert Evidence / Interlocutory, Admissibility Challenge

Legal Issues

  1. 1 ['Whether the expert report of Mr Masters is admissible under s.79 of the Evidence Act 1995' 'Whether sections of the expert report based on assumptions and not proved facts are admissible' 'Necessity for transparency in the reasoning process in expert evidence']

Ratio Decidendi

The expert report of Mr Masters is admissible as his specialised knowledge is established and his opinions relate to areas within that expertise; admissibility does not require all assumed facts to be proved at the time of giving evidence. Any evidence given on assumptions should be subject to a limiting order; challenges related to the reasoning or absence of transparency go to weight rather than admissibility.

Court Disposition

Ruling partly in favour of admitting the expert report, with some issues reserved

Orders

  • ['Report of Mr Masters will be admitted subject to identification of assumptions and a section 136 limiting order' "Ruling on 'fair and reasonable' expression is reserved pending further evidence" 'Costs of the application are reserved']