Portal Software v Bodsworth [2005] NSWSC 1228
Affidavits of Mitchell Bezzina sworn 17 October 2005 are admissible because they comply with the Code of Conduct as required for oral evidence under UCPR Pt 31 r 23(2); and the objections based on relevance and Evidence Act s 135 are not sufficient to exclude them at this stage.
- Parties
- Plaintiff: Portal Software International Pty Ltd; Defendant: Jason Bodsworth
- Jurisdiction
- Australia
- Judgment Date
- 17 October 2005
- Procedural Posture
- Civil / Interlocutory
- Outcome
- Affidavits admitted, subject to objection to specific parts.
- Legal Topics
- Expert Evidence, Code of Conduct for Expert Witnesses, Admissibility of Affidavits
Case Brief
Summary, issues, holding and outcome
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Parties
Portal Software International Pty Ltd
Plaintiff
Jason Bodsworth
Defendant
Procedural Posture
Civil / Interlocutory
Legal Issues
- 1 Whether the expert's affidavit complies with the Expert Witness Code of Conduct under the Uniform Civil Procedure Rules
- 2 Whether the expert's affidavit is to be treated as 'oral evidence' or a 'report' under the Rules
- 3 Whether non-compliance with the Expert Witness Code of Conduct requirements should be excused in these circumstances
Ratio Decidendi
Affidavits of Mitchell Bezzina sworn 17 October 2005 are admissible because they comply with the Code of Conduct as required for oral evidence under UCPR Pt 31 r 23(2); and the objections based on relevance and Evidence Act s 135 are not sufficient to exclude them at this stage.
Court Disposition
Affidavits admitted, subject to objection to specific parts.
Orders
- Affidavits of Mr Bezzina sworn 17 October 2005 to be admitted, subject to objection to specific parts.
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