IBRAHIM & ORS v PHAM & ORS [2004] NSWSC 661

IBRAHIM & ORS v PHAM & ORS [2004] NSWSC 661

The expert report sets out, by reference to earlier paragraphs, the materials and assumptions relied on for the opinions in question; accordingly, the requirements of ss79 and 80 of the Evidence Act 1995 are satisfied, and any deficiencies in formatting do not justify exclusion. The objection to the evidence is overruled.

Jurisdiction
Australia
Judgment Date
20 July 2004
Procedural Posture
Civil / Interlocutory (ruling on Evidence Objection)
Outcome
Objection overruled. Evidence admitted.
Legal Topics
['expert Evidence' 'admissibility of Evidence' 'conflict of Interest']
['evidence' 'civil Procedure'] ['expert Evidence' 'admissibility of Evidence' 'conflict of Interest']

Case Brief

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Procedural Posture

Civil / Interlocutory (ruling on Evidence Objection)

Legal Issues

  1. 1 ['Whether the expert report sufficiently exposed the bases for opinion to be admissible under Evidence Act 1995 ss 79 and 80.' 'Whether the lack of detailed formatting or explicit reference to assumptions in the expert report renders the opinions inadmissible.']

Ratio Decidendi

The expert report sets out, by reference to earlier paragraphs, the materials and assumptions relied on for the opinions in question; accordingly, the requirements of ss79 and 80 of the Evidence Act 1995 are satisfied, and any deficiencies in formatting do not justify exclusion. The objection to the evidence is overruled.

Court Disposition

Objection overruled. Evidence admitted.

Orders

  • ['Objection to paragraphs of expert report is overruled.' 'The evidence identified is admitted.']