Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 16) [2018] NSWSC 1223

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 16) [2018] NSWSC 1223

The Court held that certain passages of the revised expert report were admissible because their basis was sufficiently specified and the relevant party had the opportunity to respond during cross-examination, while other conclusions lacking clear reasoning or basis were inadmissible.

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Procedural and Other Rulings / Ruling on Admissibility of Expert Report Evidence
Outcome
Objection allowed in part, certain passages admitted, others rejected.
Legal Topics
['expert Evidence' 'admissibility of Evidence' 'procedural Ruling']
['civil Procedure'] ['expert Evidence' 'admissibility of Evidence' 'procedural Ruling']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Ruling on Admissibility of Expert Report Evidence

Legal Issues

  1. 1 ['Whether revised expert opinions and particular passages in an expert report are admissible as evidence']

Ratio Decidendi

The Court held that certain passages of the revised expert report were admissible because their basis was sufficiently specified and the relevant party had the opportunity to respond during cross-examination, while other conclusions lacking clear reasoning or basis were inadmissible.

Court Disposition

Objection allowed in part, certain passages admitted, others rejected.

Orders

  • ["The first sentence of the specified passage in Mr Collins's report at EXP.QLD.002.0033 at 0037 is admitted." 'The last sentence of that paragraph is rejected.' 'The paragraph on page EXP.QLD.002.0038 is rejected unless re-tendered with a proper evidential basis.']