Provident Capital Limited v John Virtue Pty Ltd (No 1) [2011] NSWSC 1281

Provident Capital Limited v John Virtue Pty Ltd (No 1) [2011] NSWSC 1281

Mr Finn possesses specialised knowledge from his training, study, and experience in lending, sufficient to qualify as an expert under s 79 of the Evidence Act 1995; the probative value of his evidence is not substantially outweighed by dangers of undue delay and is therefore admissible.

Parties
Plaintiff: Provident Capital Limited; First Defendant: John Virtue Pty Ltd; Second Defendant: Mr Grant Phillips
Jurisdiction
Australia
Judgment Date
26 October 2011
Procedural Posture
Procedural and Other Rulings / Ruling on Admissibility of Expert Report
Outcome
Report of Mr Finn is admissible as expert evidence.
Legal Topics
Expert Witness, Evidence Act 1995, Lending Practices
Evidence Expert Witness Evidence Act 1995 Lending Practices

Case Brief

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Parties

Provident Capital Limited

Plaintiff

John Virtue Pty Ltd

First Defendant

Mr Grant Phillips

Second Defendant

Procedural Posture

Procedural and Other Rulings / Ruling on Admissibility of Expert Report

Legal Issues

  1. 1 Whether Mr Finn is an expert for purposes of s 79 of the Evidence Act 1995
  2. 2 Whether Mr Finn's report is admissible as expert evidence
  3. 3 Whether Mr Finn's evidence should be excluded under s 135 of the Evidence Act

Ratio Decidendi

Mr Finn possesses specialised knowledge from his training, study, and experience in lending, sufficient to qualify as an expert under s 79 of the Evidence Act 1995; the probative value of his evidence is not substantially outweighed by dangers of undue delay and is therefore admissible.

Court Disposition

Report of Mr Finn is admissible as expert evidence.

Orders

  • Pursuant to s 79 of the Evidence Act 1995 the report of Mr Finn is admissible.