Leslie Corbett v South 32 Limited [2018] NSWDC 179

Leslie Corbett v South 32 Limited [2018] NSWDC 179

The expert report was excluded because it potentially relied on a large amount of inadmissible material of uncertain content, and no attempt was made to address this through a supplementary report. It was not appropriate to leave this issue to be resolved through cross-examination.

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Civil / Evidentiary Ruling (admissibility of Expert Report)
Outcome
Expert report excluded.
Legal Topics
['expert Evidence' 'admissibility' 'reliance on Inadmissible Material']
['civil Procedure'] ['expert Evidence' 'admissibility' 'reliance on Inadmissible Material']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Evidentiary Ruling (admissibility of Expert Report)

Legal Issues

  1. 1 ['Whether the expert report of Steve Williams dated 6 December 2017 should be admitted into evidence' 'Whether the report relies on inadmissible material and if that affects admissibility']

Ratio Decidendi

The expert report was excluded because it potentially relied on a large amount of inadmissible material of uncertain content, and no attempt was made to address this through a supplementary report. It was not appropriate to leave this issue to be resolved through cross-examination.

Court Disposition

Expert report excluded.

Orders

  • ['The expert report of Steve Williams dated 6 December 2017 is excluded.']