Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors.; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport "JMG" v National Australia Bank Limited & Ors. [44] [2001] NSWSC 960

Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors.; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport "JMG" v National Australia Bank Limited & Ors. [44] [2001] NSWSC 960

Rulings were provided on each objection to the statement of Mr Stephen Coleman, allowing, reserving, or otherwise addressing admissibility according to whether the statement portion met the requirements for admissible expert evidence under s 79 of the Evidence Act 1995 and whether the reasoning process was sufficiently transparent.

Parties
Plaintiff: Idoport Pty Limited; Plaintiff: Market Holdings Pty Limited; Defendant: National Australia Bank Limited; Defendant: Donald Robert Argus
Jurisdiction
Australia
Judgment Date
29 October 2001
Procedural Posture
Civil / Interlocutory Objection Ruling
Outcome
Rulings given as to admissibility of sections of Mr Coleman's statement; some allowed, some reserved/leave granted, others subject to specified conditions.
Legal Topics
Objections to Admissibility, Expert Evidence
Evidence Objections to Admissibility Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Idoport Pty Limited

Plaintiff

Market Holdings Pty Limited

Plaintiff

National Australia Bank Limited

Defendant

Donald Robert Argus

Defendant

Procedural Posture

Civil / Interlocutory Objection Ruling

Legal Issues

  1. 1 Admissibility of portions of Mr Stephen Coleman's statement as expert evidence under s 79 of the Evidence Act 1995
  2. 2 Whether reasoning processes and opinions satisfy statutory criteria for expert evidence
  3. 3 Proper basis for objections to content of expert's witness statement

Ratio Decidendi

Rulings were provided on each objection to the statement of Mr Stephen Coleman, allowing, reserving, or otherwise addressing admissibility according to whether the statement portion met the requirements for admissible expert evidence under s 79 of the Evidence Act 1995 and whether the reasoning process was sufficiently transparent.

Court Disposition

Rulings given as to admissibility of sections of Mr Coleman's statement; some allowed, some reserved/leave granted, others subject to specified conditions.

Orders

  • Specific portions of the statement of Stephen Coleman dated 13 March 2001 are allowed, reserved/leave, or allowed subject to s 136 orders, as set out in judgment.