Attwells v White (No. 2) [2021] NSWSC 1520

Attwells v White (No. 2) [2021] NSWSC 1520

The affidavits and expert report of Ms Davitt are inadmissible because they fail to state or apply any reasoning process or methodology as required by Makita and Dasreef. The basis for her opinions is not identified, rendering the material inadmissible.

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Professional Negligence / Evidentiary Ruling (admissibility of Expert Evidence)
Outcome
Affidavits and expert report ruled inadmissible.
Legal Topics
['expert Evidence' 'admissibility of Expert Opinion' 'costs Assessment']
['evidence' 'procedure'] ['expert Evidence' 'admissibility of Expert Opinion' 'costs Assessment']

Case Brief

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Procedural Posture

Professional Negligence / Evidentiary Ruling (admissibility of Expert Evidence)

Legal Issues

  1. 1 ['Whether the affidavits and expert report of Ms Davitt are admissible as expert opinion evidence under s 79 Evidence Act 1995']

Ratio Decidendi

The affidavits and expert report of Ms Davitt are inadmissible because they fail to state or apply any reasoning process or methodology as required by Makita and Dasreef. The basis for her opinions is not identified, rendering the material inadmissible.

Court Disposition

Affidavits and expert report ruled inadmissible.

Orders

  • ['The affidavits of Ms Davitt dated 20 October 2021 and 1 November 2021 and her expert report dated 13 October 2021 are inadmissible.']