Karpik v Carnival plc (The Ruby Princess) (Evidential Ruling) [2022] FCA 1318

Karpik v Carnival plc (The Ruby Princess) (Evidential Ruling) [2022] FCA 1318

The four category two articles were inadmissible because they were not the subject of expert evidence, did not satisfy s 79(1), were excluded by ss 76 and 59, did not fall within s 69, and their admission would be unfairly prejudicial under s 135(a). The two category one articles were admissible under s 77 because they were necessary to understand Professor Bennett's oral evidence. Article A610 was admitted without limitation because its subject matter was within Professor Bennett's expertise and was covered by other expert evidence, so any prejudice could be addressed by weight. Article A657 was admitted only for the purpose of understanding the oral evidence because it concerned...

Jurisdiction
Australia
Judgment Date
03 November 2022
Procedural Posture
Class Action; Evidential Ruling on Admissibility of Scientific Journal Articles / During Trial After All Witnesses Had Completed Their Evidence and Been Excused
Outcome
Category two articles not admitted; article A610 admitted under s 77; article A657 admitted subject to a s 136 limitation.
Legal Topics
['admissibility of Scientific Journal Articles' 'expert Reliance on Learned Publications' 'opinion Rule' 'hearsay Rule' 'business Records Exception' 'limiting Use of Evidence' 'procedural Fairness in Expert Evidence']
['evidence' 'civil Procedure' 'expert Evidence'] ['admissibility of Scientific Journal Articles' 'expert Reliance on Learned Publications' 'opinion Rule' 'hearsay Rule' 'business Records Exception' 'limiting Use of Evidence' 'procedural Fairness in Expert Evidence']

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Procedural Posture

Class Action; Evidential Ruling on Admissibility of Scientific Journal Articles / During Trial After All Witnesses Had Completed Their Evidence and Been Excused

Legal Issues

  1. 1 ['Whether learned scientific articles not referred to in expert reports but put to an expert witness in cross-examination were admissible and, if so, whether their use should be limited.' 'Whether learned scientific articles not the subject of any expert evidence were admissible.' "Whether admission of the disputed articles would contravene the opinion rule, the hearsay rule, or the Court's expert evidence rules and practice." 'Whether any admitted articles should be subject to limitation under s 136 of the Evidence Act 1995 (Cth).']

Ratio Decidendi

The four category two articles were inadmissible because they were not the subject of expert evidence, did not satisfy s 79(1), were excluded by ss 76 and 59, did not fall within s 69, and their admission would be unfairly prejudicial under s 135(a). The two category one articles were admissible under s 77 because they were necessary to understand Professor Bennett's oral evidence. Article A610 was admitted without limitation because its subject matter was within Professor Bennett's expertise and was covered by other expert evidence, so any prejudice could be addressed by weight. Article A657 was admitted only for the purpose of understanding the oral evidence because it concerned...

Court Disposition

Category two articles not admitted; article A610 admitted under s 77; article A657 admitted subject to a s 136 limitation.

Orders

  • ["The articles numbered A613, A670, A706 and A725 in the applicant's tender list are not admitted." "The article numbered A610 in the applicant's tender list is admitted under s 77 of the Evidence Act." "The article numbered A657 in the applicant's tender list is admitted, subject to limitation under s 136 of the...