Jennifer Ann Nash v Resource Pacific Pty Limited (No 1) [2016] NSWIC 6

Jennifer Ann Nash v Resource Pacific Pty Limited (No 1) [2016] NSWIC 6

The supplementary reports were admissible on the application because the defendant did not establish unfairness: the reports largely elaborated on the primary reports or repeated material already known, the defendant had sufficient notice, and leave to file them was appropriate. The admissibility of the primary expert reports turned on whether the impugned opinions were relevant, were wholly or substantially based on the witnesses' specialised knowledge, and disclosed sufficient facts, assumptions and reasoning; objections were sustained where opinions exceeded the witness's specialised knowledge, were speculative, irrelevant, or insufficiently reasoned, and overruled where the opinions...

Jurisdiction
Australia
Judgment Date
24 June 2016
Procedural Posture
Occupational Health and Safety Prosecution Under S 8(2) and S 10(2) of the Occupational Health and Safety Act 2000 / Procedural and Other Rulings on Admissibility of Expert Reports and Supplementary Expert Reports
Outcome
The Court confirmed its rulings as to the admissibility of evidence with respect to the Georgevits report, the Georgevits supplementary report, the McAree report and the McAree supplementary report and related rulings given on 30 and 31 March and 6 and 7 April 2016.
Legal Topics
['expert Evidence' 'admissibility of Opinion Evidence' 'supplementary Expert Reports' 'case Management Discretion in Criminal Proceedings' 'unfair Prejudice' 'evidence Act 1995 Ss 76, 78, 79, 135 and 137']
['occupational Health and Safety' 'evidence' 'criminal Procedure'] ['expert Evidence' 'admissibility of Opinion Evidence' 'supplementary Expert Reports' 'case Management Discretion in Criminal Proceedings' 'unfair Prejudice' 'evidence Act 1995 Ss 76, 78, 79, 135 and 137']

Case Brief

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Procedural Posture

Occupational Health and Safety Prosecution Under S 8(2) and S 10(2) of the Occupational Health and Safety Act 2000 / Procedural and Other Rulings on Admissibility of Expert Reports and Supplementary Expert Reports

Legal Issues

  1. 1 ['Whether the McAree supplementary report and Georgevits supplementary report should be received on the application to determine objections to the primary expert reports and in chief.' 'Whether lack of notice or alleged fresh evidence caused unfair prejudice to the defendant.' 'Whether opinions in the Georgevits report were wholly or substantially based on specialised knowledge, or were inadmissible lay opinions or irrelevant.' 'Whether opinions in the McAree report were relevant, based on specialised knowledge, supported by identified facts, assumptions and reasoning, or should be excluded under ss 135 or 137 of the Evidence Act 1995.']

Ratio Decidendi

The supplementary reports were admissible on the application because the defendant did not establish unfairness: the reports largely elaborated on the primary reports or repeated material already known, the defendant had sufficient notice, and leave to file them was appropriate. The admissibility of the primary expert reports turned on whether the impugned opinions were relevant, were wholly or substantially based on the witnesses' specialised knowledge, and disclosed sufficient facts, assumptions and reasoning; objections were sustained where opinions exceeded the witness's specialised knowledge, were speculative, irrelevant, or insufficiently reasoned, and overruled where the opinions...

Court Disposition

The Court confirmed its rulings as to the admissibility of evidence with respect to the Georgevits report, the Georgevits supplementary report, the McAree report and the McAree supplementary report and related rulings given on 30 and 31 March and 6 and 7 April 2016.

Orders

  • ['The McAree supplementary report was admitted on the application on 30 March 2016 and marked Exhibit 115.' "The McAree supplementary report was admitted in chief on 31 March 2016 only as to the part detailing Professor McAree's training and experience and marked Exhibit 121." 'The Georgevits supplementary report...