Sharp v Stephen Guinery t/as Port Kembla Hotel & Port Kembla RSL Club [2001] NSWSC 338

Sharp v Stephen Guinery t/as Port Kembla Hotel & Port Kembla RSL Club [2001] NSWSC 338

The opinion evidence of Professor O'Brien regarding the relationship between the plaintiff's workplace exposure to smoke and her cancer is admissible. The evidence is within his area of expertise, is not fundamentally based on epidemiological studies, and is likely to assist the jury. Section 80(a) of the Evidence Act abolishes the exclusion of expert evidence merely because it addresses an ultimate issue, and there is insufficient risk of prejudice, misleading, or confusion to justify exclusion under s 135.

Jurisdiction
Australia
Judgment Date
28 March 2001
Procedural Posture
Civil / Ruling on Admissibility of Expert Evidence
Outcome
Objection to admissibility of expert opinion evidence overruled; evidence admitted.
Legal Topics
['opinion Evidence' 'admissibility of Expert Evidence' 'ultimate Issue Rule']
['evidence'] ['opinion Evidence' 'admissibility of Expert Evidence' 'ultimate Issue Rule']

Case Brief

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Procedural Posture

Civil / Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 ['Whether an expert may provide opinion evidence on the ultimate issue of causation in the case' 'Whether such evidence is admissible under the Evidence Act 1995, ss 80(a), 135']

Ratio Decidendi

The opinion evidence of Professor O'Brien regarding the relationship between the plaintiff's workplace exposure to smoke and her cancer is admissible. The evidence is within his area of expertise, is not fundamentally based on epidemiological studies, and is likely to assist the jury. Section 80(a) of the Evidence Act abolishes the exclusion of expert evidence merely because it addresses an ultimate issue, and there is insufficient risk of prejudice, misleading, or confusion to justify exclusion under s 135.

Court Disposition

Objection to admissibility of expert opinion evidence overruled; evidence admitted.

Orders

  • ["The question to Professor O'Brien was allowed."]