Laoulach v El Khoury [2010] NSWSC 595

Laoulach v El Khoury [2010] NSWSC 595

The opinions in Mr Burge's expert report are admissible insofar as they rely on the Bureau of Meteorology material and observable evidence. Assumed facts not supported by testimony affect the weight but not admissibility; the plaintiff's recollection in par 13(l) is admitted only as facts assumed, not as truth.

Parties
Plaintiff: Robert Laoulach; First Defendant: Robert ElKhoury; Second Defendant: Danny Ibrahim; Third Defendant: Charbel Ibrahim; Fourth Defendant: Mickey Beaini
Jurisdiction
Australia
Judgment Date
03 June 2010
Procedural Posture
Procedural and Other Rulings / Admission of Evidence
Outcome
Evidence admitted
Legal Topics
Evidence, Expert's Report, Admissibility, Opinions Supported by Evidence
Practice and Procedure Evidence Expert's Report Admissibility Opinions Supported by Evidence

Case Brief

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Parties

Robert Laoulach

Plaintiff

Robert ElKhoury

First Defendant

Danny Ibrahim

Second Defendant

Charbel Ibrahim

Third Defendant

Mickey Beaini

Fourth Defendant

Procedural Posture

Procedural and Other Rulings / Admission of Evidence

Legal Issues

  1. 1 Whether opinions in expert's report are supported by evidence
  2. 2 Whether expert's report is admissible

Ratio Decidendi

The opinions in Mr Burge's expert report are admissible insofar as they rely on the Bureau of Meteorology material and observable evidence. Assumed facts not supported by testimony affect the weight but not admissibility; the plaintiff's recollection in par 13(l) is admitted only as facts assumed, not as truth.

Court Disposition

Evidence admitted

Orders

  • The contents of par 13(l) are admitted only as going to the facts assumed by Mr Burge, not as to the truth of the plaintiff's recollection.
  • Use of par 13(l) is limited pursuant to s 136 Evidence Act 1995 to avoid unfair prejudice.