Crago, Peter & Anor v Multiquip Pty Ltd & Anor [1996] FCA 1175

Crago, Peter & Anor v Multiquip Pty Ltd & Anor [1996] FCA 1175

The proposed expert evidence was plainly relevant to the efficacy of the machinery in issue, was not previously available in the same form to the applicants, and included evidence from an expert who had been able to examine and test unmodified machines; despite potential additional time, cost and disruption, the Court should permit the applicants to lead it.

Jurisdiction
Australia
Judgment Date
02 December 1996
Procedural Posture
Motion Seeking Leave to Adduce Expert Evidence / Interlocutory Motion
Outcome
Applicants granted leave to adduce the expert evidence.
Legal Topics
['leave to Adduce Expert Evidence' 'expert Evidence' 'discretion to Admit Evidence' 'efficient Use of Courts']

Case Brief

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Procedural Posture

Motion Seeking Leave to Adduce Expert Evidence / Interlocutory Motion

  1. 1 ['Whether the applicants should be permitted to adduce expert evidence from Dr John Blackmore and Dr Douglas Black concerning the efficacy of the machines in issue.']

Ratio Decidendi

The proposed expert evidence was plainly relevant to the efficacy of the machinery in issue, was not previously available in the same form to the applicants, and included evidence from an expert who had been able to examine and test unmodified machines; despite potential additional time, cost and disruption, the Court should permit the applicants to lead it.

Court Disposition

Applicants granted leave to adduce the expert evidence.

Orders

  • ['The applicants may call Dr John Blackmore and Dr Douglas Black.']