Commonwealth Bank v Iinvest (No 3) [2017] NSWSC 433

Commonwealth Bank v Iinvest (No 3) [2017] NSWSC 433

Mr Harker-Mortlock's opinions in the relevant affidavit paragraphs are not wholly or substantially based on specialised knowledge as required under the Evidence Act 1995 (NSW); practical experience as a pastoralist is insufficient.

Parties
Applicant: James Harker-Mortlock; Second Applicant: J H M Pty Ltd; First Respondent: Iinvest Pty Ltd (in liquidation); Second Respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Procedural Ruling / Voir Dire/application to Revisit Affidavit Evidence
Outcome
Application to revisit contents of specified affidavit paragraphs declined
Legal Topics
Opinion Evidence, Specialised Knowledge, Expert Evidence
Evidence Opinion Evidence Specialised Knowledge Expert Evidence

Case Brief

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Parties

James Harker-Mortlock

Applicant

J H M Pty Ltd

Second Applicant

Iinvest Pty Ltd (in liquidation)

First Respondent

Commonwealth Bank of Australia

Second Respondent

Procedural Posture

Procedural Ruling / Voir Dire/application to Revisit Affidavit Evidence

Legal Issues

  1. 1 Whether the opinions in paragraphs 64 to 67 of Mr Harker-Mortlock's affidavit are based wholly or substantially on specialised knowledge under s 79 Evidence Act 1995 (NSW).
  2. 2 Whether leave should be granted to supplement the affidavit with additional evidence of specialised knowledge.

Ratio Decidendi

Mr Harker-Mortlock's opinions in the relevant affidavit paragraphs are not wholly or substantially based on specialised knowledge as required under the Evidence Act 1995 (NSW); practical experience as a pastoralist is insufficient.

Court Disposition

Application to revisit contents of specified affidavit paragraphs declined

Orders

  • I decline the application to revisit the contents of paragraphs 64 to 67 of Mr Harker-Mortlock's affidavit of 18 June 2015.