Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer [2013] NSWDC 297

Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer [2013] NSWDC 297

In the absence of explored reasons for Dr Smith's unavailability at the joint evidence session, and with Dr Smith now available to give evidence, the interests of justice favour allowing his evidence; the report is not shown at this stage to be inadmissible on grounds of partisanship or being advice on evidence.

Parties
Plaintiff: Kathaleen Nicoll; First Defendant: Dean Dobeson; Second Defendant: Robert Hammond; Third Defendant/first Cross Defendant: Sussex Inlet RSL Club Ltd; Defendant/cross Claimant: The Workers Compensation Nominal Insurer
Jurisdiction
Australia
Judgment Date
01 November 2013
Procedural Posture
Civil / Interlocutory Ruling on Admissibility of Expert Evidence
Outcome
Application to exclude Dr Smith's evidence refused; Dr Smith is allowed to give evidence.
Legal Topics
Expert Evidence, Joint Expert Report, Admissibility, Civil Procedure Act 2005 S 56
Evidence Civil Procedure Expert Evidence Joint Expert Report Admissibility Civil Procedure Act 2005 S 56

Case Brief

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Parties

Kathaleen Nicoll

Plaintiff

Dean Dobeson

First Defendant

Robert Hammond

Second Defendant

Sussex Inlet RSL Club Ltd

Third Defendant/first Cross Defendant

The Workers Compensation Nominal Insurer

Defendant/cross Claimant

Procedural Posture

Civil / Interlocutory Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether Dr Smith should be allowed to give evidence after not participating in joint evidence with other experts
  2. 2 Whether Dr Smith's report is inadmissible as being partisan or an advice on evidence

Ratio Decidendi

In the absence of explored reasons for Dr Smith's unavailability at the joint evidence session, and with Dr Smith now available to give evidence, the interests of justice favour allowing his evidence; the report is not shown at this stage to be inadmissible on grounds of partisanship or being advice on evidence.

Court Disposition

Application to exclude Dr Smith's evidence refused; Dr Smith is allowed to give evidence.

Orders

  • Dr Smith is allowed to give evidence.
  • If the report is tendered and no other objection is taken to it, the report may be allowed.