Notaras & Anor v Hugh & Ors [2003] NSWSC 182

Notaras & Anor v Hugh & Ors [2003] NSWSC 182

Expert opinion evidence from a duly qualified solicitor as to whether, in given hypothetical circumstances fully stated and based on relevant factual assumptions, the conduct of another solicitor conformed with common professional practice and with the minimum standard of a competent solicitor, is admissible under ss 56, 79 and 80 of the Evidence Act 1995, provided it does not usurp the court's function by purporting to declare the legal standard or ultimate question of law.

Jurisdiction
Australia
Judgment Date
21 March 2003
Procedural Posture
Professional Negligence / Ruling on Evidence Admissibility
Outcome
General objection to the admissibility of Mr Boyce's affidavit evidence rejected.
Legal Topics
['admissibility of Expert Opinion' 'expert Evidence by Lawyers' 'breach of Duty Solicitors' 'standards for Professional Conduct']
['evidence' 'professional Negligence'] ['admissibility of Expert Opinion' 'expert Evidence by Lawyers' 'breach of Duty Solicitors' 'standards for Professional Conduct']

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Procedural Posture

Professional Negligence / Ruling on Evidence Admissibility

Legal Issues

  1. 1 ['Whether expert opinion evidence from a lawyer regarding breach of duty by lawyer defendants is admissible']

Ratio Decidendi

Expert opinion evidence from a duly qualified solicitor as to whether, in given hypothetical circumstances fully stated and based on relevant factual assumptions, the conduct of another solicitor conformed with common professional practice and with the minimum standard of a competent solicitor, is admissible under ss 56, 79 and 80 of the Evidence Act 1995, provided it does not usurp the court's function by purporting to declare the legal standard or ultimate question of law.

Court Disposition

General objection to the admissibility of Mr Boyce's affidavit evidence rejected.

Orders

  • ["Broad challenge to the admissibility of Mr Boyce's affidavit evidence is rejected; evidence admitted."]