Welsh v Carnival PLC trading as Carnival Australia (No 2) [2016] NSWSC 1281

Welsh v Carnival PLC trading as Carnival Australia (No 2) [2016] NSWSC 1281

The impugned passages of Dr Cameron’s reports were inadmissible under Evidence Act 1995 (NSW) s 79 because they did not expose the reasoning leading to the opinions expressed. There were no exceptional circumstances justifying leave to call oral evidence under r 31.28.

Source-derived case information.

Parties
Plaintiff: Graham Welsh; Defendant: Carnival PLC trading as Carnival Australia
Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Procedural and Other Rulings / Interlocutory Application Regarding Admissibility of Expert Evidence
Outcome
Objection to the tender of the passages of expert reports upheld; application for leave to call oral evidence refused.
Legal Topics
Admissibility of Expert Evidence, Expert Reports, Leave to Call Oral Evidence, Practice and Procedure
Evidence Civil Procedure Admissibility of Expert Evidence Expert Reports Leave to Call Oral Evidence Practice and Procedure

Source-derived case record

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Parties

Graham Welsh

Plaintiff

Carnival PLC trading as Carnival Australia

Defendant

Procedural Posture

Procedural and Other Rulings / Interlocutory Application Regarding Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether parts of expert medical reports are admissible under Evidence Act 1995 (NSW) s 79
  2. 2 Whether leave should be granted to call oral evidence from expert under Uniform Civil Procedure Rules 2005 (NSW) r 31.28

Ratio Decidendi

The impugned passages of Dr Cameron’s reports were inadmissible under Evidence Act 1995 (NSW) s 79 because they did not expose the reasoning leading to the opinions expressed. There were no exceptional circumstances justifying leave to call oral evidence under r 31.28.

Court Disposition

Objection to the tender of the passages of expert reports upheld; application for leave to call oral evidence refused.

Orders

  • The tender of those parts of Dr Cameron's two reports to which objection was taken is rejected.
  • The application for leave to call oral evidence from Dr Cameron is refused.