Peri Australia Pty Limited v Celtic Form Pty Limited (No 2) [2009] NSWDC 394

Peri Australia Pty Limited v Celtic Form Pty Limited (No 2) [2009] NSWDC 394

Mr McGuire was qualified by his continuous practical experience since 1991 to give evidence that might require particular experience and involve opinions. His statement had been served on the plaintiff's solicitors by 24 August 2009 and clearly raised the issues now objected to, but the specific objection was not taken until the hearing. The Court did not regard the defendant as having breached any rule about service of expert reports and, if there had been a breach, would grant leave to lead the evidence.

Jurisdiction
Australia
Judgment Date
06 October 2009
Procedural Posture
Civil Evidence Ruling in Building Contract Proceedings / Objection to Admissibility of Evidence
Outcome
The evidence is allowed.
Legal Topics
['admissibility of Evidence' 'opinion Evidence' 'expert Reports' 'building Contract Dispute']
['civil Law' 'evidence'] ['admissibility of Evidence' 'opinion Evidence' 'expert Reports' 'building Contract Dispute']

Case Brief

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Procedural Posture

Civil Evidence Ruling in Building Contract Proceedings / Objection to Admissibility of Evidence

Legal Issues

  1. 1 ["Whether Frank McGuire's evidence about problems encountered on a building site was inadmissible opinion evidence because he lacked formal qualifications." "Whether Mr McGuire's statement should be treated as an expert report that had not been properly put forward or served as such." 'Whether leave should be granted to lead the evidence if any rule about service of expert reports had been breached.']

Ratio Decidendi

Mr McGuire was qualified by his continuous practical experience since 1991 to give evidence that might require particular experience and involve opinions. His statement had been served on the plaintiff's solicitors by 24 August 2009 and clearly raised the issues now objected to, but the specific objection was not taken until the hearing. The Court did not regard the defendant as having breached any rule about service of expert reports and, if there had been a breach, would grant leave to lead the evidence.

Court Disposition

The evidence is allowed.

Orders

  • ['The evidence is allowed.']