National Telecoms Group Ltd v John Fairfax Publications Pty Ltd (No. 2) [2011] NSWSC 578

National Telecoms Group Ltd v John Fairfax Publications Pty Ltd (No. 2) [2011] NSWSC 578

Portions of the expert’s reports were rejected as inadmissible where they constituted bare assertion, lacked relevant specialised knowledge, were irrelevant to the pleaded issues, or usurped the function of the Court. Sections supported by appropriate expertise and relevance to issues in the case were admitted.

Jurisdiction
Australia
Judgment Date
29 June 2011
Procedural Posture
Procedural and Other Rulings / Interlocutory Ruling on Admissibility of Expert Evidence
Outcome
Portions of expert report rejected
Legal Topics
['opinion Evidence' 'expert Evidence' 'admissibility' 'specialised Knowledge']
['evidence'] ['opinion Evidence' 'expert Evidence' 'admissibility' 'specialised Knowledge']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Interlocutory Ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 ['Whether conclusions of experts are based on specialised knowledge' 'Whether expert evidence constituted inadmissible assertion of the ultimate issue' 'Relevance of material in expert’s reports to pleaded issues']

Ratio Decidendi

Portions of the expert’s reports were rejected as inadmissible where they constituted bare assertion, lacked relevant specialised knowledge, were irrelevant to the pleaded issues, or usurped the function of the Court. Sections supported by appropriate expertise and relevance to issues in the case were admitted.

Court Disposition

Portions of expert report rejected

Orders

  • ['The following portions of the report of Mr Temple-Cole of 21 October 2008 are rejected - para 3.1.8, para 3.2.2, para 4.1.6, para 4.2.8, para 4.2.9, para 4.2.10, para 4.2.13, para 4.2.14, para 4.2.15, para 4.3.3, para 4.3.16, para 5.1.6, para 5.1.7, the last 4 entries in the table in para 5.3.2, para 5.3.4, para...