MB v Protective Commissioner [2000] NSWSC 718

MB v Protective Commissioner [2000] NSWSC 718

Qualified expert evidence regarding what a careful and competent professional would do in hypothetical circumstances may be admitted if the opinion is not directed at the legal standard, the facts are fully stated, and the witness is properly qualified.

Jurisdiction
Australia
Judgment Date
04 July 2000
Procedural Posture
Equity/protective / Interlocutory Decision on Admissibility of Evidence
Outcome
partially admitted
Legal Topics
['expert Evidence' 'opinion Evidence' 'qualification of Experts']
['evidence'] ['expert Evidence' 'opinion Evidence' 'qualification of Experts']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Equity/protective / Interlocutory Decision on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether a professional can give an opinion as to what a careful and competent professional would do in specified circumstances' 'Admissibility of expert evidence regarding professional standards']

Ratio Decidendi

Qualified expert evidence regarding what a careful and competent professional would do in hypothetical circumstances may be admitted if the opinion is not directed at the legal standard, the facts are fully stated, and the witness is properly qualified.

Court Disposition

partially admitted

Orders

  • ['Affidavit paragraphs admitted: 14-18 (as understanding of standards), 19, 22 (as understanding), 23-27, 37, first sentence of 38, 39, 42, 45; affidavit paragraphs rejected: 20-21, rest of 38, 40-41, 43-44, 46-47.']