Kabic v Workers Compensation Nominal Insurer (No 2) [2016] NSWSC 1711

Kabic v Workers Compensation Nominal Insurer (No 2) [2016] NSWSC 1711

The entirety of the pressed portions of the expert report was admitted because the expert's qualifications and experience sufficed to establish admissibility under Evidence Act s 79, the reasoning for opinions was adequately revealed or based on common knowledge, and objections regarding relevance or insufficient linkage to statutory extracts did not warrant exclusion.

Jurisdiction
Australia
Judgment Date
05 December 2016
Procedural Posture
Personal Injury Litigation / Ruling on Admissibility of Expert Report
Outcome
Report admitted, subject to agreed limitation.
Legal Topics
['admissibility of Expert Evidence' 'personal Injury' 'workplace Safety']
['civil Procedure' 'evidence'] ['admissibility of Expert Evidence' 'personal Injury' 'workplace Safety']

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

Personal Injury Litigation / Ruling on Admissibility of Expert Report

Legal Issues

  1. 1 ['Whether the expert report of Mr Ian Burn is admissible.' "Whether opinions within the report are relevant and based on the expert's training, study, or experience." 'Whether the report adequately sets out the reasoning for the opinions expressed.']

Ratio Decidendi

The entirety of the pressed portions of the expert report was admitted because the expert's qualifications and experience sufficed to establish admissibility under Evidence Act s 79, the reasoning for opinions was adequately revealed or based on common knowledge, and objections regarding relevance or insufficient linkage to statutory extracts did not warrant exclusion.

Court Disposition

Report admitted, subject to agreed limitation.

Orders

  • ['The entirety of the pressed portions of the report of Mr Ian Burn of 22 October 2014 is admitted, subject to the limitation agreed on 12 August 2016.']